Opinion
Argued March 21, 1985
Decided April 23, 1985
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Dominick J. Viscardi, J.
Christopher Massaroni for appellant.
George P. McAloon and H. Charles Livingston, Jr., for respondent.
Order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division ( 101 A.D.2d 988).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.