Opinion
Argued June 3, 1977
Decided June 30, 1977
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HARRY GITTLESON, J.
David Henry Sculnick, Alphonse E. D'Ambrose and John A. Murray for appellant.
Beatrice Maviglia for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 51 A.D.2d 1027). Question certified answered in the affirmative.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.