Opinion
Argued November 16, 1984
Decided December 13, 1984
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Alfred M. Ascione, J.
Thomas C. Lambert and Barry S. Huston for appellant.
Norman E. Frowley and Harold M. Foster for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 99 A.D.2d 710; see, also, Connell v Hayden, 83 A.D.2d 30).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.