Opinion
Argued September 22, 1965
Decided October 21, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ARTHUR A. LOW, J.
Nathan L. Berke and Howard B. Gliedman for appellant.
Herbert Dicker for respondent.
Order reversed, without costs, and matter remitted to Special Term with direction to deny the motion upon the ground that there is involved here no more than a mere irregularity subject to correction (CPLR 2001). Question certified answered in the negative. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.