Opinion
Argued November 22, 1976
Decided December 28, 1976
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOHN A. MONTELEONE, J.
Leon Segan for appellant.
Thomas R. Newman and Richard D. Kranich for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 50 A.D.2d 770).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.