Opinion
Argued October 5, 1977
Decided November 10, 1977
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MANUEL A. GOMEZ, J.
Joel S. Stern for appellant.
George P. Leshanski and Norman Perlman for respondent.
Order affirmed, with costs, on the opinion by Mr. Justice SAMUEL J. SILVERMAN at the Appellate Division ( 55 A.D.2d 149). Question certified answered in the affirmative.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.