Order affirmed, with costs, on the opinion by Mr. Justice Richard S. Lane at Trial Term on the motion to reconsider and for a new trial.
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
Argued March 23, 1977;
decided April 28, 1977
*1037Arthur Karger, Leon Wasserman and Samuel W. Sherman for appellant.
John L. Conners and Paul H. Murphy for respondent.
Order affirmed, with costs, on the opinion by Mr. Justice Richard S. Lane at Trial Term on the motion to reconsider and for a new trial.
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
41 N.Y. 1036
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