Opinion
Argued February 19, 1969
Decided March 6, 1969
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAMUEL M. GOLD, J.
Edgar H. Booth and Lester Greenberg for appellant.
Albert N. Proujansky and Anthony G. Gross for respondent.
Order affirmed, with costs, on the prevailing opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN and KEATING. Judges BURKE, BREITEL and JASEN dissent and vote to reverse on the dissenting opinion at the Appellate Division.