Opinion
Submitted June 2, 1980
Decided June 24, 1980
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH DI FEDE, J.
Arthur L. Kagan for appellant.
Grenville T. Keogh and Spencer V. Hinckley for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 71 A.D.2d 984).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.