Opinion
Argued March 19, 1985
Decided April 23, 1985
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Reuben K. Davis, J.
Bruce L. Maas for appellant.
Gordon J. Lipson for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 103 A.D.2d 1040).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and KANE. Taking no part: Judge JASEN.
Designated pursuant to N Y Constitution, article VI, § 2.