Opinion
Argued March 22, 1977
Decided April 26, 1977
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH J. RYBARCZYK, J.
David M. Levy and William Goldman for appellant.
Michael A. Wineburg for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 53 A.D.2d 1051).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.