Opinion
Argued September 29, 1966
Decided October 27, 1966
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRVING L. LEVEY, J.
Herman Schmertz and Robert Conason for appellant.
J. Lee Rankin, Corporation Counsel ( Alfred Weinstein and Seymour B. Quel of counsel), for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Judge KEATING dissents and votes to reverse and to grant a new trial upon the dissenting memoranda at the Appellate Division.