Opinion
Decided February 21, 1984
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALFRED J. CALLAHAN, J.
Joseph Kelner for appellant.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Stephen J. McGrath of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 97 A.D.2d 389).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.