Opinion
Submitted January 13, 1978
Decided February 22, 1978
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, SIDNEY LEVISS, J.
Robert A. Forte for appellant.
Robert Devine, Stephen W. O'Leary and Stephen W. O'Leary, Jr., for respondent.
Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice FRANK D. O'CONNOR at the Appellate Division ( 58 A.D.2d 108).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.