Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen and Gibson. Judges Scileppi and Bergan dissent and vote to affirm on the opinion at the Appellate Division.
Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen and Gibson. Judges Scileppi and Bergan dissent and vote to affirm on the opinion at the Appellate Division.