Opinion
Argued January 14, 1981
Decided February 17, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HILDA G. SCHWARTZ, J.
Arthur N. Lambert, William R. Mait and Michael Maillet for appellant.
Melvin Hirshowitz and Hyman Bravin for respondent.
Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice SAMUEL J. SILVERMAN at the Appellate Division ( 74 A.D.2d 195). Question certified answered in the affirmative.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER. Taking no part: JUDGE WACHTLER.