Motion to dismiss appeal taken by plaintiff denied. Application to amend the Court of Appeals’ decision and order of Sep*838tember 28,1972 [31 N Y 2d 641] granted and decision and order amended to read as follows: '‘ Motion, insofar as it seeks leave to appeal, denied; motion, insofar as it seeks permission for Sidney J. Ungar. individually to intervene as a party appellant, denied as academic.”