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