Opinion
Submitted September 4, 1980
Decided October 7, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALEXANDER BERMAN, J.
Joseph C. Scibilia for appellant.
Francis J. Donovan for petitioner-respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 72 A.D.2d 817) and on the authority of Matter of Liberty Mut. Ins. Co. (Stollerman) ( 50 N.Y.2d 895).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.