Opinion
Decided September 15, 1992
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department. Robert W. Zimmerman for appellant.
James A. Spitz, Jr., 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), judgment affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 179 A.D.2d 1006).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA.