Opinion
Submitted January 11, 1980
Decided February 20, 1980
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NATHANIEL T. HELMAN, J.
Ernest Holzberg for appellant.
William F. McNulty, Harold M. Foster and Anthony J. McNulty for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 67 A.D.2d 849).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.