Opinion
Argued May 2, 1972
Decided May 5, 1972
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, HYMAN KORN, J.
John I. Coster for appellant.
Lawrence N. Marcus for respondent.
Order reversed, without costs, and the matter remitted to Special Term for further proceedings in accordance with the dissenting opinion at the Appellate Division.
Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part: Chief Judge FULD and Judge GIBSON.