Opinion
Argued September 11, 1996
Decided October 10, 1996
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Dominick J. Viscardi, J.
Snyder, Kiley, Toohey Corbett, Saratoga Springs ( Michael J. Toohey of counsel), for appellant.
Bartlett, Pontiff, Stewart Rhodes, P.C., Glens Falls (J. Lawrence Paltrowitz and James R. Burkett of counsel), for respondent.
Order affirmed, with costs, for the reasons stated in the opinion by Justice Thomas E. Mercure at the Appellate Division ( 217 A.D.2d 330).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK. Taking no part: Judge LEVINE.