Opinion
Decided November 19, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, NORMAN L. HARVEY, J.
James L. Pemberton for appellant.
Michael R. Cuevas for respondent.
On summary consideration, order affirmed, with costs, for the reasons stated in the opinion by Justice J. CLARENCE HERLIHY at the Appellate Division ( 81 A.D.2d 217).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.