Opinion
Argued October 6, 1982
Decided November 9, 1982
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, WILLIAM ROY, J.
David C. Hatch, Thomas J. Kellish and John W. Brandt for appellant.
Henry S. Fraser for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 85 A.D.2d 917), noting our approval of the standard set forth therein.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.