Opinion
Argued October 21, 1976
Decided November 23, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LOUIS B. HELLER, J.
Andrew S. Fisher, Harold L. Fisher and Edward W. Zawacki for appellant.
Susan B. Lindenauer and Morton B. Dicker for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 50 A.D.2d 826).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.