The opinion
Judgment, Supreme Court, Bronx County, entered on August 23, 1974, unanimously affirmed, without costs and without disbursements. Permission is granted to appeal to the Court of Appeals. Concur —Markewich, J. P., Kupferman, Tilzer and Capozzoli, JJ.; Murphy, J., concurs in the following memorandum: Not having had the minutes submitted to us, we are in no position to question the referee’s findings or conclusions.