Opinion
Decided October 27, 1994
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Joseph C. Teresi, J.
Pattison, Sampson, Ginsberg Griffin, P.C., Troy (Terence E. Shanley of counsel), for appellant-respondent.
David L. Gruenberg, Troy, for respondent-appellant.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, without costs, for reasons stated in the memorandum of the Appellate Division ( 208 A.D.2d 1039).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.