Opinion
Argued October 18, 1988
Decided November 17, 1988
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Norman A. Mordue, J.
Donald J. Kemple for appellant.
Verne F. O'Dell for respondent.
Order affirmed, with costs, for the reasons stated in the opinion by Justice John F. Lawton at the Appellate Division ( 136 A.D.2d 291).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA. Taking no part: Judge HANCOCK, JR.