Opinion
Argued September 2, 1966
Decided September 2, 1966
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE POSTEL, J.
S. Philip Cohen and Jerome Gartner for appellant.
David Levy for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges SCILEPPI, KEATING, HILL, GORMANfn_ and HUGHESfn_. Judge VAN VOORHIS dissents and votes to reverse upon the dissenting opinion at the Appellate Division.
Designated pursuant to section 2 of article VI of the State Constitution in the temporary absence of Judges FULD, BURKE and BERGAN.