Opinion
Decided March 24, 1983
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, J. ROBERT LYNCH, J.
George C. Cooley for appellant.
Michael P. Daly 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 [g]), order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division ( 91 A.D.2d 830).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER; Judge SIMONS taking no part.