Opinion
Argued April 18, 1967
Decided May 16, 1967
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN H. PENNOCK, J.
Herman N. Schwartz and Irving Ronald Storch for appellant.
Sidney J. Loeb and Benjamin Goldbaum for respondent.
Order reversed, without costs, and matter remitted to Special Term with directions to grant defendant's motion for partial summary judgment in accordance with the dissenting opinion at the Appellate Division. Question certified answered in the negative.
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL.