Opinion
Argued October 16, 1984
Decided November 15, 1984
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Vincent G. Bradley, J.
Francis J. Holloway and Stephen M. Kiernan for appellant.
Peter C. Graham 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 893).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE. Taking no part: Judge SIMONS.