Opinion
Argued January 6, 1971
Decided February 18, 1971
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, MARSHALL E. LIVINGSTON, J.
William P. Polito and Benjamin E. Solin for appellant.
Herbert M. Canter, Victor Levine and Michael J. Prospero for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Taking no part: Judge BURKE.