Opinion
Argued November 18, 1980
Decided December 16, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH JIUDICE, J.
Raymond G. Kuntz for appellant.
J. Michael Eadry and Bernard F. Ashe for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 71 A.D.2d 673).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.