Opinion
Argued October 13, 1976
Decided November 23, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK S. SAMANSKY, J.
Sam Resnicoff for appellant.
John A. Murray, Nancy Serventi and Stuart Riedel for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 50 A.D.2d 895).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.