Opinion
Decided June 17, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRVING KIRSCHENBAUM, J.
Eugene J. Morris for appellant.
Michael F. Fitzgerald 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 [b]), order affirmed, with costs, for reasons stated in the opinion of Justice DAVID ROSS at the Appellate Division ( 84 A.D.2d 338).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER. Taking no part: Judge FUCHSBERG.