Opinion
Argued November 15, 1968
Decided November 27, 1968
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, MICHAEL E. SWEENEY, J.
Lambert L. Ginsberg and Kermit D. McGinnis for appellant.
Leonard J. Litz, Corporation Counsel, for respondent.
Order affirmed, without costs, on the prevailing opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and KEATING. Judges BREITEL and JASEN dissent and vote to reverse on the dissenting opinion at the Appellate Division.