Opinion
Submitted March 22, 1990
Decided April 26, 1990
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Bruce McM. Wright, J.
Edward P. Dunphy for appellant. William E. Fay, III, for respondent.
Order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division ( 153 A.D.2d 481).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.