Opinion
Argued November 10, 1977
Decided December 14, 1977
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ANDREW R. TYLER, J., XAVIER C. RICCOBONO, J.
W. Bernard Richland, Corporation Counsel (Alfred Weinstein, L. Kevin Sheridan and Theodore Gilbert of counsel), for appellant.
Franklin E. Tretter for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 56 A.D.2d 520). Question certified answered in the affirmative.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.