Opinion
Argued September 22, 1978
Decided October 31, 1978
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, SAUL BALMUTH, J.
George Abdella and Ernest Abdella for appellant.
Carroll J. Mealey and L. Foster James, Jr., for respondent.
Order affirmed, without costs, on the memorandum at the Appellate Division ( 60 A.D.2d 954) to the extent that it was concerned with the question of law presented.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.