Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.
Argued November 23, 1970;
decided December 10, 1970.
*999 George Berger and Paul Martinson for appellant.
Warren C. DuBois for respondent.
Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.
27 N.Y.2d 997
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