Opinion
Argued September 13, 1984
Decided October 9, 1984
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Edward J. Greenfield, J.
John J. Kearns for appellant.
David M. Goldberg for respondent.
Order affirmed, with costs, and question certified answered in the affirmative for reasons stated in the opinion by Justice Fritz W. Alexander at the Appellate Division ( 94 A.D.2d 202).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.