Opinion
Argued May 6, 1977
Decided June 16, 1977
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES F. NIEHOFF, J.
William H. Englander and Robert E. Sapir for appellant.
David N. Stein and James R. Sandner for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 53 A.D.2d 902).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.