Opinion
Decided January 15, 1991
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, John G. Connor, J.
Peter B. Nickles, Walter I. Seligsohn and Barry Birbrower for appellant.
Catherine M. Schunk for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 163 A.D.2d 651).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.