Judgment of the Supreme Court, Westchester County, dated May 2, 1973, affirmed, without costs. No opinion. Gulotta, Christ and Brennan, JJ., concur; Shapiro, Acting P, J., and Benjamin, J., dissent and vote to modify the judgment so as to add thereto a provision that the dismissal of the complaint is without prejudice, on the authority of Giglio v..Saber (19 A D 2d 793).