Opinion
February 4, 1964 Republished
Order and judgment reversed, upon the law, upon consideration of the facts and in the exercise of discretion, with costs to appellant, and the motion to dismiss the complaint denied. Opinion Per Curiam.
Concur — Breitel, J.P., McNally, Stevens and Steuer, JJ.; Eager, J., dissents in an opinion. The order of this court entered on October 22, 1963 is vacated. [ 19 A.D.2d 361.]