Opinion
Argued November 16, 1979
Decided December 13, 1979
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, AARON E. KLEIN, J.
Dennis B. Schlenker for appellant.
Andrew F. Capoccia and Robert W. Kahn for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 65 A.D.2d 658).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.