Opinion
Decided October 14, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH S. CALABRETTA, J.
Esau J. Mishkin and Alan I. Boockvar for appellant.
Andrew J. Schatkin 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 the reasons stated in so much of the memorandum at the Appellate Division as relates to defendant's right to deduct the amount paid in settlement ( 88 A.D.2d 650).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge MEYER.