Opinion
Argued February 13, 1981
Decided March 24, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CARROL S. WALSH, JR., J.
William W. Millington for appellant.
John S. Hall, respondent pro se, and Henry D. Sintzenich, II, for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 76 A.D.2d 989). Van Wormer v Giovatto ( 46 N.Y.2d 751) is not authority to the contrary.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER..