Opinion
Decided May 5, 1983
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN A. MASTRELLA, J.
John P. MacArthur for appellant.
Peter Henner and Christopher H. Gardner for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 91 A.D.2d 858).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge SIMONS.