Order affirmed, without costs; no opinion.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.
Cross appeal withdrawn in open court.
Argued April 23, 1970;
decided June 4, 1970.
*607Joseph S. Ryan and Eli Ratner for appellant.
Harvey E. Kates for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.
Cross appeal withdrawn in open court.
27 N.Y.2d 606
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