Opinion
Argued September 14, 1979
Decided October 25, 1979
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, AARON E. KLEIN, J.
Marc J. Lifset and Harvey M. Lifset for appellant.
James J. Carter and Calvin J. Livingston for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 65 A.D.2d 651).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.