Majority
p. 894Gabriel A. Newgold, Respondent, v. Woodstock Development Corporation, Also Known as Woodstock Development Corp., Appellant. Argued April 18, 1967; decided May 16, 1967.
p. 896
Herman N. Schwartz and Irving Ronald Storch for appellant.
Sidney J. Loeb and Benjamin Goldbaum for respondent.
Order reversed, without costs, and matter remitted to Special Term with directions to grant defendant’s motion for partial summary judgment in accordance with the dissenting opinion at the Appellate Division. Question certified answered in the negative.
Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel.