Opinion
Argued February 27, 1968
Decided April 4, 1968
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.
Henry G. McDonough for appellant.
Angelo T. Cometa and Barbara A. Lee for respondent.
Order affirmed, without costs. (See Matter of Zuckerman, 20 N.Y.2d 430, cert. den. 390 U.S. 925, decided Jan. 29, 1968.)
Concur: Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN. Chief Judge FULD concurs in the following memorandum: Despite the views which I expressed in dissent in Matter of Zuckerman ( 20 N.Y.2d 430, 439), to which I still subscribe, I feel constrained by the court's decision in that case and, accordingly, concur for affirmance.