Opinion
Argued October 16, 1975
Decided November 19, 1975
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH P. KUSZYNSKI, J.
James C. Roscetti for appellant.
James Edgar Hunt for respondent.
Order affirmed, with costs, on the opinion by Mr. Justice FRANK DEL VECCHIO at the Appellate Division ( 45 A.D.2d 521).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.