
    Nevada Bank of Commerce, Plaintiff, v. 43rd Street Estates Corp. et al., Appellants. John T. McCloskey, as Sheriff of the City of New York, Respondent.
    Argued September 17, 1973;
    decided October 18, 1973.
    
      
      Samuel Kirschenbaum and Milton Brandon for appellants.
    
      Joseph P. Brennan, Frederick Weinberger and H. William Kehl for respondent.
   Order reversed, without costs, and the order of Special Term reinstated on the dissenting opinion at the Appellate Division.

Concur: Judges Burke, Gabrielli, Jones and Waohtler. Chief Judge Fuld and Judges Breitel and Jasen dissent and vote to affirm on the opinion at the Appellate Division.  