| NY | Dec 16, 1976

Order affirmed, without costs, on the memorandum at the Appellate Division (50 AD2d 928).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, *1005Wachtler, Fuchsberg and Cooke. Judge Jones dissents and votes to reverse on the dissenting memorandum by Justices Cohalan and Munder at the Appellate Division.

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