Opinion
Argued September 3, 1985
Decided October 8, 1985
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, John F. Lawton, J.
Thomas F. O'Donnell for appellant.
Michael P. Ringwood for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 109 A.D.2d 1085).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.