Opinion
Argued February 17, 1981
Decided March 26, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALEXANDER CHANANAU, J.
Edgar T. Schleider for appellant.
William Dinkes and Victor Roger Rubin for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 75 A.D.2d 775). Appellant tendered no evidentiary proof in admissible form showing facts sufficient to require a trial.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.