Majority
p. 639(Republished) In the Matter of Harry Bender, Respondent, v. Ajax Machine & Water Cooler Corp., Appellant.
Order, Supreme Court, New York County, entered on March 10, 1972, unanimously affirmed. Petitioner-respondent shall recover of respondent-appellant $40 costs and disbursements of this appeal. The order of this court entered on September 28, 1972 [ 40 A D 2d 630 ] is vacated. No opinion. Concur—Stevens, P. J., McGivern, Nunez, Murphy and McNally, JJ.