Opinion
Argued September 12, 1978
Decided October 19, 1978
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SIDNEY A. FINE, J.
George J. Wade, Robert S. Blanc, III, and Gary G. Lyons for appellant.
Dugald Campbell Brown, James C. Sargent, James H. Bell, Hollace T. Cohen and Renee E. Ring for respondent.
Order affirmed, with costs, on the opinion by Mr. Justice SAMUEL J. SILVERMAN at the Appellate Division ( 57 A.D.2d 285). Question certified answered in the affirmative.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.