Opinion
Submitted September 3, 1981
Decided October 13, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE A. MURPHY, J.
Alexander Potruch, Kenneth Koopersmith and Michael K. Feigenbaum for appellant.
John J. Hallissey for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 78 A.D.2d 867; see, also, Fairley v Fairley, 75 A.D.2d 975, affd 53 N.Y.2d 726).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.