Opinion
Argued June 6, 1973
Decided July 2, 1973
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DANIEL J. McAVOY, J.
Stuart M. Pearis for appellant.
Joseph J. Steflick for respondent.
Order reversed with costs, on the dissenting opinion at the Appellate Division and the order of Special Term reinstated.
Concur: Chief Judge FULD and Judges BURKE, GABRIELLI and WACHTLER. Judges BREITEL, JASEN and JONES dissent and vote to affirm on the opinion at the Appellate Division.