Opinion
Argued April 28, 1980
Decided May 29, 1980
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRVING KIRSCHENBAUM, J.
Gordon Marshall for appellant.
Michael D. Blutrich and Donald L. Kreindler for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 72 A.D.2d 514).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.