Claim of Teles v. Westbury S & S Concrete Inc. (40 N.Y.2d 902, 1976)

Order affirmed, with costs, on the memorandum at the Appellate Division (50 AD2d 954).

Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler, Fuchsberg and Cooke. Judge Jasen dissents and votes to reverse for the reasons stated in the dissenting memorandum by Mr. Justice T. Paul Kane at the Appellate Division.