Opinion
Argued January 10, 1977
Decided February 15, 1977
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE STARKE, J.
Steven Di Joseph, Thomas R. Newman and John J. Bower for appellant.
William F. McNulty, Anthony J. McNulty and Joseph F. Onorato for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 52 A.D.2d 556; see, also, Restatement, Judgments 2d, Tent Draft No. 1 [March 28, 1973], § 48, and Comments).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.