Opinion
Argued September 13, 1979
Decided October 11, 1979
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRVING KIRSCHENBAUM, J.
Gary M. Rosenberg for appellant.
Carl Holmes and Harry Michelson for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 63 A.D.2d 928).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.