Opinion
Argued October 6, 1982
Decided November 16, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALFRED M. ASCIONE, J.
Thomas R. Newman and Sue C. Jacobs for appellant.
Joseph B. McDonald for respondent.
Order affirmed, with costs, for reasons stated in the opinion by the late Justice VINCENT A. LUPIANO at the Appellate Division ( 85 A.D.2d 21).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.