Opinion
Argued September 27, 1967
Decided December 7, 1967
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, NICHOLAS M. PETTE, J.
David W. Peck, Henry N. Ess, III, and Lester L. Cooper, Jr., for appellant.
J. Lee Rankin, Corporation Counsel ( Milton H. Harris and Stanley Buchsbaum of counsel), for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI and BREITEL. Judges VAN VOORHIS, BERGAN and KEATING dissent and vote to reverse and reinstate the judgment of Special Term on the opinion of Mr. Justice PETTE.