Opinion
Argued January 10, 1969
Decided January 23, 1969
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN J. O'BRIEN, J.
Morris Simon and Bernard Simon for appellant.
Earl H. Gallup, Jr., for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.