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