Opinion
Submitted May 13, 1970
Decided May 28, 1970
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MAXWELL SHAPIRO, J.
Isadore B. Hurwitz and Solomon Feldman for appellant.
William F. McNulty and Daniel J. Coughlin for respondents.
Order reversed, without costs, for reasons stated in dissenting opinion at Appellate Division, and case remitted to Appellate Division for consideration of questions of fact, if any, raised on appeal to that court (CPLR 5612, subd. [a], 5613).
Concur: Chief Judge FULD and Judges BURKE, BREITEL and GIBSON. Judges SCILEPPI, BERGAN and JASEN dissent and vote to affirm on prevailing opinion at the Appellate Division.