Opinion
Decided October 7, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
David F. Kunz for appellant.
E. David Duncan for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), judgment affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 87 A.D.2d 962).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.