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MATTER OF GAVIGAN v. McCOY

Court of Appeals of the State of New York.
May 5, 1972

Order reversed, without costs, and the matter remitted to Special Term for further proceedings in accordance with the dissenting opinion at the Appellate Division.

Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part: Chief Judge FULD and Judge GIBSON.