Opinion
Argued October 11, 1974
Decided November 20, 1974
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE F.X. McINERNEY, J.
Arthur Goldstein for appellant.
Sheldon Honig and Kenneth C. Butterfield for respondent.
Order affirmed, without costs, on the memorandum at the Appellate Division.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, and STEVENS. Judge WACHTLER dissents and votes to reverse on the dissenting memorandum by Mr. Justice J. IRWIN SHAPIRO at the Appellate Division. Taking no part: Judge RABIN.