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