Citations
- 45 N.Y.2d 95
Full opinion text
OPINION OF THE COURT
Order affirmed on the memorandum at the Appellate Division (58 AD2d 747).
Concur: Chief Judge Breitel and Judges Jones, Wachtler, Fuchsberg and Cooke. Judges Jasen and Gabrielli concur in result only in the following concurring memorandum.
Jasen and Gabrielli, JJ.
(concurring). We concur in result only because we reject the agency defense, as is articulated and explained in the dissenting opinion by Judge Gabrielli in People v Roche (45 NY2d 78, decided herewith).
Order affirmed, etc.