Opinion
Argued December 14, 1983
Decided January 10, 1984
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT A. HARLEM, J.
Richard A. Rothermel for appellant.
Livingston S. Latham for respondent.
Order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division ( 90 A.D.2d 858).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.