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OPINION OF THE COURT
Order affirmed, with costs, for the reasons stated in the opinion by Mr. Justice J. Clarence Herlihy at the Appellate Division (68 AD2d 600).
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler and Fuchsberg. Judge Meyer dissents and votes to reverse in an opinion in which Judge Gabrielli concurs.
Document Info
Judges: Meyer
Filed Date: 12/17/1979
Precedential Status: Precedential
Modified Date: 10/19/2024