Opinion
Argued March 21, 1978
Decided April 25, 1978
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN A. MASTRELLA, J.
Bernard S. Meyer for appellant.
Thomas E. Butler and Warren B. Pesetsky for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 54 A.D.2d 1112).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.