Opinion
Argued June 6, 1979
Decided June 28, 1979
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, DAVID O. BOEHM, J.
Julius H. Michaels for appellant.
S. Gerald Davidson and Douglas S. Gates for respondent.
Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice STEWART F. HANCOCK, JR., at the Appellate Division ( 67 A.D.2d 247).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER. Taking no part: Judge FUCHSBERG.