OPINION OF THE COURT
Order affirmed, with costs, on the opinion by Mr. Justice Arnold L. Fein at Special Term.
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
Argued January 12, 1968;
decided February 9, 1978
*890APPEARANCES OF COUNSEL
Philip Holler, Rose L. Holler, Peter T. Affatato and Adolph B. Salib for appellant.
Kalman & Kaufman, P. C., for respondent, precluded.
OPINION OF THE COURT
Order affirmed, with costs, on the opinion by Mr. Justice Arnold L. Fein at Special Term.
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
43 N.Y.2d 889
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