Opinion
February 3, 1966
Determination of the Appellate Term ( 49 Misc.2d 115) unanimously reversed, on the law, and the judgment of the Civil Court, New York County, reinstated on the opinion of STARKE, J. ( 49 Misc.2d 36) with $50 costs to the appellant in this court and costs in the Appellate Term.
Concur — McNally, J.P., Stevens, Eager, Steuer and Witmer, JJ.