Opinion
Argued February 11, 1977
Decided March 24, 1977
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MARIO PITTONI, J.
Lewis Herman for appellant. William Marino and Joseph W. Conklin for respondent.
Order affirmed, without costs, on the memorandum at the Appellate Division ( 51 A.D.2d 580).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.