Opinion
Submitted September 1, 1977
Decided October 4, 1977
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRVING H. SAYPOL, J.
Joel L. Cohen and Arthur N. Field for appellant.
Edward F. Hayes, III, Paul J. Pennoyer, Jr., and William E. Walter for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 52 A.D.2d 815). Question certified answered in the affirmative.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.