Opinion
Argued November 21, 1980
Decided December 22, 1980
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ROBERT P. KENNEDY, J.
Thomas L. Jones and William J. Kirk for appellant.
Robert A. Small for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 72 A.D.2d 905).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.