Opinion
Argued October 22, 1976
Decided November 23, 1976
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HARRY B. FRANK, J.
Martin P. Mehler and Alan J. Gardner for appellant.
Abraham Schatzman for respondent.
Order reversed, with costs, and the judgment of Supreme Court, New York County, reinstated for the reasons stated at Special Term by former Justice HARRY B. FRANK. Question certified answered in the negative.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.