Opinion
Submitted April 26, 1978
Decided June 6, 1978
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK X. ALTIMARI, J.
Herbert Gordon for appellant.
Gerald P. Rosenberg for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 59 A.D.2d 752).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE. Taking no part: Judge WACHTLER.