¶1Order affirmed, with costs, on the opinion by then Presiding Justice J. Clarence Herlihy at the Appellate Division (48 AD2d 378).
¶2*964Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
40 N.Y.2d 962
Decided November 23, 1976
New York Court of Appeals · decided 1976-11-23
Decided 1976-11-23
¶1Order affirmed, with costs, on the opinion by then Presiding Justice J. Clarence Herlihy at the Appellate Division (48 AD2d 378).
¶2*964Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.