Opinion
Argued September 1, 1977
Decided October 4, 1977
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, THOMAS ALOI, J.
Grover W. Radley, Jr., for appellant.
Robert J. Lutz and Thomas F. O'Donnell for respondent.
Order affirmed, with costs, on the opinion by Mr. Justice HARRY D. GOLDMAN at the Appellate Division ( 55 A.D.2d 99).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.