Opinion
Argued November 20, 1973
Decided December 28, 1973
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JAMES B. KANE, J.
L.F. Walentynowicz for appellant-respondent.
Benjamin Franklin for respondent-appellant.
Order affirmed, with costs to petitioner, on the opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, BREITEL, JONES and WACHTLER. Taking no part: Judges JASEN and GABRIELLI.