Opinion
Argued January 14, 1977
Decided February 17, 1977
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HAROLD BAER, J.
Norman Leonard Cousins for appellant.
Philip Hoffer, Rose L. Hoffer, Peter T. Affatato and Adolph B. Salib for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 51 A.D.2d 525).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE. Taking no part: Judge FUCHSBERG.