Opinion
Argued April 2, 1982
Decided May 13, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department,
Alan M. Gelb, Stuart K. Lesansky, Shepard A. Federgreen and Robert B. Smith for appellant.
Philip R. Forlenza and Rafael Pastor for respondent.
Order affirmed, with costs, for reasons stated in so much of the opinion by Justice SAMUEL J. SILVERMAN at the Appellate Division ( 81 A.D.2d 337) as deals with the January 31, 1980 order of Special Term.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.