Opinion
Decided February 11, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, WILLIAM L. UNDERWOOD, JR., J.
Reuben R. Kaufman for appellant.
Steven D. Dreyer for plaintiff-respondent.
Robert M. Calica for defendant-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 [b]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 83 A.D.2d 602).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge MEYER.