Opinion
Argued February 16, 1981
Decided March 26, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PAUL KELLY, J.
Howard S. Davis for appellant.
Judith A. Livingston for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 77 A.D.2d 559). Question certified answered in the affirmative.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.