Opinion
Argued January 16, 1968
Decided February 14, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE M. FANELLI, J.
William R. Sichol for appellant.
Abram Steinberg for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, KEATING and BREITEL. Judges BERGAN and JASEN dissent and vote to reverse and dismiss the complaint on the dissenting opinion at the Appellate Division.