Opinion
Argued December 15, 1980
Decided January 8, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROGER J. MINER, J.
Robert E. Carpenter for appellant. H. Neal Conolly for respondent.
Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice J. CLARENCE HERLIHY at the Appellate Division ( 73 A.D.2d 65).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.