Opinion
Argued October 25, 1966
Decided November 22, 1966
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JACK STANISLAW, J.
Hyman Herman and John E. Gillies for appellant.
Lewis I. Wolf and Henry Wolfman for respondent.
John C. Kinney and John M. Freyer for American Mutual Insurance Alliance and another, amici curiae. Lubell, Lubell and Jones for New York State Association of Trial Lawyers, amicus curiae.
Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.