Opinion
Argued April 29, 1981
Decided June 2, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, RICHARD F. KUHNEN, J.
Thomas P. Lynch, Judah Gribetz, John L. Altieri, Jr., and Edward H. Burnbaum, Jr., for appellant.
Stephen D. Smyk for respondent.
Judgment appealed from and the order of the Appellate Division brought up for review affirmed, with costs, for reasons stated in the opinion by Justice MICHAEL E. SWEENEY at the Appellate Division ( 75 A.D.2d 102).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER. Taking no part: Judge WACHTLER.