Concur: Chief Judge Fuld and Judges Burke, Bergan, Breitel, Jasen and Gibson. Judge Scileppi dissents and votes to modify on the dissenting opinion at the Appellate Division.
Concur: Chief Judge Fuld and Judges Burke, Bergan, Breitel, Jasen and Gibson. Judge Scileppi dissents and votes to modify on the dissenting opinion at the Appellate Division.