Opinion
Argued March 18, 1987
Decided April 23, 1987
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Stephen Smyk, J.
Norman E. Frowley and Daniel Donnelly for appellant.
Anthony A. Dean, Thomas J. Mulligan, Laura E. Longobardi and James P. O'Brien for respondent.
Order affirmed, with costs, for the reasons stated in the opinion by Justice John T. Casey at the Appellate Division ( 117 A.D.2d 194).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge ALEXANDER.