Opinion
Argued May 11, 1971
Decided May 26, 1971
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JACOB MARKOWITZ, J.
David J. Agatstein and William M. Hecht for appellant.
William E. Rosen and Daniel W. Joy for respondent.
Order reversed, with costs, and the petition granted on the dissenting opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI and GIBSON. Judges BERGAN, BREITEL and JASEN dissent and vote to affirm on the opinion at the Appellate Division.