Opinion
Argued March 31, 1978
Decided May 11, 1978
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ANDREW J. DI PAOLA, J.
Clarence E. Steinberg for appellant.
Robert M. Calica for respondent.
Order affirmed, with costs, on the opinion by Mr. Justice J. IRWIN SHAPIRO at the Appellate Division ( 56 A.D.2d 483).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE. Taking no part: Judge WACHTLER.