Opinion
Argued January 4, 1980
Decided February 5, 1980
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HYMAN KORN, J.
Irwin M. Berg for appellant.
Gerald Kahn, Samuel G. Fredman and Charles N. Newman for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 67 A.D.2d 850).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER. Taking no part: Judges FUCHSBERG and MEYER.