Opinion
Argued August 27, 1980
Decided August 28, 1980
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH DI FEDE, J.
Joseph A. Cascione for appellant.
Peter J. Kiernan for Michael R. Benedetto, respondent.
Order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.