Opinion
Argued October 7, 1977
Decided November 10, 1977
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DAVID F. LEE, JR., J.
John B. Hogan for appellant.
Ira Paul Rubtchinsky and Bernard F. Ashe for respondent.
Order affirmed, with costs, on the opinion by Presiding Justice HAROLD E. KOREMAN at the Appellate Division ( 55 A.D.2d 439).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.