Opinion
January 14, 1974
Judgment of the Supreme Court, Westchester County, dated May 2, 1973, affirmed, without costs. No opinion. Gulotta, Christ and Brennan, JJ., concur; Shapiro, Acting P.J., and Benjamin, J., dissent and vote to modify the judgment so as to add thereto a provision that the dismissal of the complaint is without prejudice, on the authority of Giglio v. Haber ( 19 A.D.2d 793).