Order, Appellate Term of the Supreme Court, -First Department, entered on January 28, 1974, affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. Concur—Stevens, P. J., Murphy and Lane, JJ.; Markewich and Kupferman, JJ., dissent and would reverse on the dissenting memorandum of Lupiano, J. at the Appellate Term. No opinion.