Opinion
Argued February 18, 1969
Decided March 6, 1969
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HYMAN KORN, J.
Frederick H. Block and Benjamin Heffner for appellant.
E. Edan Spencer and Walter Feller for defendant-respondent and third-party plaintiff-respondent.
Harris Birnbaum for third-party defendant-respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Judge KEATING dissents and votes to reverse for the reasons stated in the dissenting opinion at the Appellate Division.