Opinion
Argued November 27, 1968
Decided January 15, 1969
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, CARMAN F. BALL, J.
James W. Lamberton, William L. Lynch and William A. Fenwick for appellant.
James Magavern, Samuel A. Magavern, Leslie A. Hynes and William D. Powers for respondent.
Order affirmed, with costs, insofar as it relates to the final disposition of the first and second causes of action on the opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING and JASEN. Taking no part: Judge BREITEL.