Carroll v. Dilan , 39 N.Y.2d 717 ( 1976 )

Order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division. We note particularly that the reversal there was on the facts as well as on the law.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.