Opinion
Argued February 29, 1968
Decided April 18, 1968
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CAROLINE K. SIMON, J.
Louis J. Lefkowitz, Attorney-General ( Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for appellant.
Michael R. Silberstein and Benjamin Liebov for respondent.
Order affirmed, with costs, on the majority opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, BERGAN, KEATING and BREITEL. Judges SCILEPPI and JASEN dissent and vote to reverse and dismiss the claim on the dissenting opinion at the Appellate Division.