Opinion
Argued October 10, 1974
Decided October 17, 1974
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, BEATRICE S. BURSTEIN, J.
Max Goldweber for Richard Kessel, appellant.
Donald X. Clavin for Norman Levy, respondent.
Order affirmed, without costs (see Matter of Wydler v. Cristenfeld, 35 N.Y.2d 719). Moreover, in addition to the comments by this court, in the Wydler case, it is noted that this case does not involve a statutory requirement but one directed only to optional internal party rules.
Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and RABIN. Judge JASEN concurs in result for the reasons stated in the memorandum at the Appellate Division. Taking no part: Judge STEVENS.