Opinion
Argued February 12, 1980
Decided March 20, 1980
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN H. PENNOCK, J.
Lawrence J. Abreu and John F. Kelly for appellant.
H. Neal Conolly for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 70 A.D.2d 738).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.