Simpson v. King , 38 N.Y.2d 1008 ( 1976 )

Order affirmed, with costs, on the memorandum at the Appellate Division (47 AD2d 634).

Concur: Judges Jasen, Jones, Wachtler, Fuchsberg and Cooke. Judge Gabrielli dissents and votes to reverse in the following opinion in which Chief Judge Breitel concurs.