Opinion
Decided November 18, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, AARON E. KLEIN, J.
Donald D. Brown, Jr., for appellant.
Michael R. Gottlieb 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, and question certified answered in the negative for reasons stated in the memorandum at the Appellate Division ( 88 A.D.2d 713).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.