Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel and Jasen. Judge Burke dissents and votes to affirm on the prevailing opinion at the Appellate Division. Taking no part: Judge Gibson.
Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel and Jasen. Judge Burke dissents and votes to affirm on the prevailing opinion at the Appellate Division. Taking no part: Judge Gibson.