Opinion
Argued November 23, 1971
Decided January 6, 1972
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NATHANIEL T. HELMAN, J.
William L. Shumate and William F.X. Geoghan, Jr. for appellant.
Jesse C. Sable and Arnold B. Elkind for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI and GIBSON. Judges BREITEL and JASEN dissent and vote to reverse on the dissenting opinion at the Appellate Division. Taking no part: Judge BERGAN.