Majority
p. 590In the Matter of Horace Mann Insurance Co., Appellant, v John Poluchnovich, Respondent.
Judgment, Supreme Court, New York County, entered on March 30, 1976, unanimously affirmed for the reasons stated by Rosenberg, J., at Special Term. Respondent shall recover of appellant $40 costs and disbursements of this appeal. Concur—Kupferman, J. P., Lupiano, Birns, Silverman and Nunez, JJ.