Opinion
Argued October 16, 1980
Decided November 13, 1980
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALBERT P. WILLIAMS, J.
Nathaniel M. Swergold for appellant.
Mary Ann D'Amato for respondent.
Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice HAROLD BIRNS at the Appellate Division ( 71 A.D.2d 203).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.