Opinion
Argued November 20, 1970
Decided December 10, 1970
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN H. PENNOCK, J.
James C. Straney for appellant.
Thomas M. Whalen, III and Thomas A. Callaghan for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.