Opinion
Argued June 10, 1975
Decided June 24, 1975
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MORRIS E. SPECTOR, J.
Philip Gelfand for appellant.
Frank R. Rosiny and Martin D. Juvelier for respondent.
Order modified, without costs, by remitting the case to the Appellate Division, First Department, to reconsider in light of the enactment of chapter 65 of the Laws of 1975, effective 90 days after it became law (see L 1975, ch 65, Memoranda, McKinney's Session Laws, Pamphlet No. 3, dated May 25, 1975, pp A151-A152, A156-A157). Question certified not answered since this court did not pass on the merits of the appeal.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.