Opinion
Argued May 5, 1983
Decided June 7, 1983
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH S. MATTINA, J.
James L. Magavern and Susan C. Goldberg for appellant.
David C. Diefendorf for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 90 A.D.2d 976).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.