Concur: Chief Judge Fuld and Judges Burke, Bergan and Breitel. Judges Scileppi and Jasen dissent and vote to reverse and dismiss the claim on the dissenting opinion at the Appellate Division. Taking no part: Judge Keating.
Concur: Chief Judge Fuld and Judges Burke, Bergan and Breitel. Judges Scileppi and Jasen dissent and vote to reverse and dismiss the claim on the dissenting opinion at the Appellate Division. Taking no part: Judge Keating.