Opinion
Argued September 3, 1981
Decided October 13, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN T. CASEY, J.
Athena C. Kouray and Francis Bergan for appellant.
Anthony J. Carpinello for respondent.
Order affirmed, with costs, for reasons stated in the opinion by Presiding Justice A. FRANKLIN MAHONEY at the Appellate Division ( 71 A.D.2d 154). Question certified answered in the affirmative.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.