Opinion
Argued March 29, 1976
Decided April 29, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN F. SCILEPPI, J.
Reid A. Curtis and Edward J. Hart for appellants.
John F. Cordes, Jr., and Stephen A. Fritz for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 48 A.D.2d 910).
Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE. Judge JASEN dissents and votes to reverse on the dissenting memorandum at the Appellate Division.