Opinion
Argued January 15, 1981
Decided February 17, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ARNOLD G. FRAIMAN, J.
Sol Lefkowitz and Jack Deitch for appellant.
William J. Isaacson, William C. Zifchak and Jean D. Thompson for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 74 A.D.2d 550). Question certified answered in the affirmative.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.