Opinion
Argued November 12, 1980
Decided December 16, 1980
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, (ARTHUR E. BLYN, J.
J. Anthony Burton for appellant.
Howard F. Husum and Roy M. Cohn for respondent.
Order affirmed, with costs, for the reasons stated in the opinion by Mr. Justice ARNOLD L. FEIN at the Appellate Division ( 72 A.D.2d 425). Question certified answered in the affirmative.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.