Opinion
Decided November 16, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRVING KIRSCHENBAUM, J.
Charles M. Yablon for appellant.
Harold W. Grubart for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the opinion by the late Justice VINCENT A. LUPIANO at the Appellate Division ( 87 A.D.2d 120).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.