Opinion
Argued November 20, 1979
Decided December 17, 1979
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HYMAN KORN, J.
Leon S. Harris for appellant.
Steven S. Miller and Robert W. Gottlieb for respondents.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 66 A.D.2d 719).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Judge GABRIELLI dissents and votes to reverse for the reasons stated in the dissenting memorandum by Mr. Justice ARNOLD L. FEIN at the Appellate Division (66 A.D.2d, at pp 720-723).