Opinion
Argued August 30, 1978
Decided September 1, 1978
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CON. G. CHOLAKIS, J.
Thomas B. Higgins for appellant.
Elbert H. Watrous, Jr., for Augustine F. Moran, respondent.
Order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.