Opinion
Argued August 31, 1977
Decided October 4, 1977
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Louis J. Lefkowitz, Attorney-General (Francis V. Dow and Ruth Kessler Toch of counsel), for appellant. Jack J. Geller, Harold Fein and Robert C. Macek for respondent.
Judgment affirmed, with costs, on the opinion by Mr. Justice ROBERT G. MAIN at the Appellate Division ( 55 A.D.2d 204).
Concur: Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER and FUCHSBERG. Judges GABRIELLI and COOKE dissent and vote to reverse on the dissenting opinion by Mr. Justice J. CLARENCE HERLIHY at the Appellate Division ( 55 A.D.2d 204, 206; see, also, Complete Auto Tr. v Brady, 430 U.S. 274).