Opinion
Argued May 11, 1971
Decided May 26, 1971
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JACOB MARKOWITZ, J.
David H. Shapiro for appellant.
Arthur L. Harrow for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and GIBSON. Judges BREITEL and JASEN concur on constraint of findings of fact which fall short of being incredible as a matter of law.