Order reversed and plaintiff’s motion for summary judgment denied, with costs to abide the event, on the dissenting opinion at the Appellate Division.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.
Order reversed and plaintiff’s motion for summary judgment denied, with costs to abide the event, on the dissenting opinion at the Appellate Division.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.