Opinion
Argued March 16, 1972
Decided April 27, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE T. CLARK, J.
Herbert L. Fine for appellant.
Roger P. McTiernan for respondents.
Order insofar as it dismisses the complaint reversed and a new trial granted, with costs to abide the event, on the ground that questions of fact were presented for the jury.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.