Opinion
Argued September 7, 1982
Decided October 5, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FRANCIS J. BLOUSTEIN, J.
William F. Larkin and Abraham Friedman for appellant-respondent.
Alexander A. Delle Cese for respondent-appellant.
Order affirmed, without costs, for the reasons stated in the opinion by Justice LEONARD H. SANDLER at the Appellate Division ( 83 A.D.2d 465) and because defendant as the prevailing party in that court was not entitled as a matter of law to an award of costs and disbursements (CPLR 8107).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.