Sherman v. Patrick , 33 N.Y.2d 557 ( 1973 )

Order reversed with costs, on the dissenting opinion at the Appellate Division and the order of Special Term reinstated.

Concur: Chief Judge Ftjld and Judges Bubke, Gabbielli and Wachtleb. Judges Bbbitel, Jasen and Jones dissent and vote to affirm on the opinion at the Appellate Division.