Opinion
Decided June 6, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Louis Grossman, J.
Robert L. Lewis and Joseph M. Mayerhoff for appellant.
Joseph M. Hershkowitz for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 104 A.D.2d 331). Question certified answered in the affirmative.
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.