Opinion
Argued March 31, 1978
Decided May 11, 1978
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Louis J. Lefkowitz, Attorney-General (Francis V. Dow and Ruth Kessler Toch of counsel), for appellant.
Jerome M. Lasky, David B. Eizenman and Irving Sitnick for respondent.
Judgment affirmed, with costs, on the opinion by Mr. Justice MICHAEL E. SWEENEY at the Appellate Division ( 57 A.D.2d 187).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.