Opinion
Argued February 24, 1971
Decided April 15, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PAUL J. WIDLITZ, J.
E. Richard Rimmels, Jr. for appellant.
Herman Schmertz and Martin A. Israel for respondent.
Order affirmed, without costs. Question certified answered in the affirmative; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.