Opinion
Argued November 14, 1980
Decided December 16, 1980
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, THOMAS F. McGOWAN, J.
John F. Canale for appellant.
James R. Walsh and William A. Gersten for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 72 A.D.2d 907).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.