
    31979.
    KUSHNER v. BARTOLETTI.
    Argued March 14, 1977 —
    Decided April 6, 1977
    Rehearing denied April 22, 1977.
    
      Kaler, Karesh & Frankel, Lawrence J. Movshin, David I. Funk,- for appellant.
    
      Donald M. Fain, Michael S. Reeves, for appellee.
   Per curiam.

This court granted certiorari to review the decision of the Court of Appeals in Bartoletti v. Kushner, 140 Ga. App. 468 (231 SE2d 358) (1976). After further consideration we have determined that the writ was improvidently granted.

Writ of certiorari dismissed.

Nichols, C. J., Undercofler, P. J., Jordan, Hall and Hill, JJ., concur. Ingram, J., dissents.

Ingram, Justice,

dissenting.

Certiorari was originally granted to consider the correctness of this court’s decision in Hatch v. O’Neill, 231 Ga. 446 (202 SE2d 44) (1973), which was followed by a closely divided Court of Appeals in this case.

I dissent to the dismissal of the writ of certiorari as I think Hatch v. O’Neill, supra, is wrong and should be overruled by this court. Therefore, I would reverse the judgment of the Court óf Appeals in this case and affirm the trial court’s denial of the defendant’s motion for summary judgment.  