Opinion
April 27, 1970
Order and judgment (one paper) entered on June 10, 1969 affirmed, with $50 costs and disbursements to plaintiff-respondent. Opinion by STEVENS, P.J. All concur except McGivern, J., who dissents in an opinion. [ 34 A.D.2d 14.] The prior order of this court entered on March 26, 1970 is vacated.
Concur — Stevens, P.J., Capozzoli, McGivern, Steuer and Tilzer, JJ.