Opinion
Argued November 29, 1978
Decided December 21, 1978
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, RAYMOND L. WILKES, J.
Edward G. McCabe (Robert O. Boyhan and Robert S. Hoshino of counsel), for appellant.
Gregory W. Carman for respondent.
Order affirmed, with costs, on the opinion by Mr. Justice JOSEPH A. SUOZZI at the Appellate Division ( 62 A.D.2d 380), recognizing, as a caveat, however, that the demarcation between governmental or proprietary interests in property owned or operated by government or its subdivisions no longer is as clear as it was in the past.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.