Opinion
Argued January 4, 1985
Decided February 5, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Joseph J. Kunzeman, J.
Leon Vogel and Samuel Stein for appellant.
Diane Ciccone, Lawrence Heisler, William E. Rosa and Richard K. Bernard for respondent.
Order affirmed, with costs, and question certified answered in the affirmative for reasons stated in the memorandum at the Appellate Division ( 97 A.D.2d 789).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.