Opinion
Argued February 7, 1985
Decided March 21, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Arnold G. Fraiman, J.
Herman E. Cooper for appellant.
Jeffrey M. Epstein and John H. Eickemeyer for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 104 A.D.2d 309).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.