Majority
p. 744Jacob I. Wiener, Appellant, v. Louis N. Ellrodt, Individually and as Former Sheriff of the County of Westchester, Respondent.
Motion for leave to appeal to the Court of Appeals granted and the following question certified: Was the defendant’s motion to dismiss properly granted? Present — Lazansky, P. J., Young, Carswell, Davis and Johnston, JJ. [See 243 App. Div. 820 .]