Opinion
Argued October 2, 1969
Decided October 29, 1969
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRVING L. LEVEY, J.
Arthur J. Blank, Jr., John F. Gerity and Charles N. Fiddler for appellant.
Konrad M. Michelsen and Joseph Grainger for defendant-respondent.
Robert W. Mullen and Eli Ellis for plaintiff-respondent.
Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.