Opinion
October 5, 1976
Order, Supreme Court, New York County, entered on March 31, 1976, unanimously affirmed for the reasons stated by S. Rosenberg, J., at Special Term. Defendant-respondent shall recover of plaintiff-appellant $40 costs and disbursements of this appeal.
Concur — Stevens, P.J., Markewich, Lupiano, Silverman and Lynch, JJ.