Summary
adopting dissenting memorandum at 40 AD2d 769, 769-770
Summary of this case from Fischbarg v. DoucetOpinion
Argued February 8, 1973
Decided February 15, 1973
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, PAUL A. FINO, J.
Roger N. Greene for appellant.
Joseph Winston for respondent.
Order reversed on the dissenting opinion at the Appellate Division, with costs in all courts, and defendant's motion to dismiss the complaint granted. Question certified answered in the negative.
Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.