Opinion
Argued November 25, 1975
Decided December 29, 1975
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
Richard J. D'Amico for appellant.
Peyton H. Moss, Eric D. Witkin and Richard Schoolman for respondent.
Order affirmed, with costs, on the opinion by Mr. Justice J. IRWIN SHAPIRO at the Appellate Division ( 46 A.D.2d 138).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.