Opinion
Argued February 5, 1985
Decided March 19, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Alvin R. Ruskin, J.
Lester M.A. Gulitz and Roy A. Heimlich for appellant.
Yvonne R. Cort and Robert J. Ciovacco for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 100 A.D.2d 562).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.