Opinion
Decided December 15, 1983
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, HAROLD J. HUGHES, J.
Norman Kellar and Bernard E. Harvith for appellants.
Thomas G. Conway and Charles J. Yanni for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for reasons stated in the opinion by Justice T. PAUL KANE at the Appellate Division ( 93 A.D.2d 672). Question certified not answered as unnecessary.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.