Opinion
Argued September 2, 1980
Decided October 7, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CHARLES R. THOM, J.
John V. Griffin, Jr., Edward J. Hart and Bruce M. Scher for third-party plaintiff-appellant.
Robert Abrams, Attorney-General (John M. Farrar and Shirley Adelson Siegel of counsel), for third-party defendant-respondent.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 71 A.D.2d 635).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.