Opinion
Submitted April 26, 1972
Decided May 4, 1972
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HYMAN KORN, J.
Harold R. Medina, Jr. and Anthony A. Dean for appellant.
Demov, Morris, Levin Shein for respondent.
Order reversed, with costs to abide the event, and the motion to dismiss appellant's cross complaint denied on the authority of Dole v. Dow Chem. Co. ( 30 N.Y.2d 143).
Concur: Chief Judge FULD and Judges BERGAN, JASEN and GIBSON. Judge BURKE concurs on constraint of Dole v. Dow Chem. Co. Taking no part: Judges SCILEPPI and BREITEL.