Opinion
Argued June 13, 1968
Decided June 13, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CHARLES MARGETT, J.
Joseph O. Giaimo for appellant-respondent.
Ralph Herbert Kress for respondent-appellant.
Order affirmed, without costs. On the cross appeal we find it unnecessary to reach the question of timeliness of service. No opinion.
Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, KEATING, BREITEL, JASEN and KOREMAN.
Designated pursuant to section 2 of article VI of the State Constitution in place of BURKE, J., disqualified.