Opinion
Argued October 4, 1982
Decided November 9, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH J. KUNZEMAN, J.
John R. O'Connor for appellant.
Terence M. Quinlan for respondent.
Order affirmed, with costs, for reasons stated in the opinion by former Justice JAMES D. HOPKINS at the Appellate Division ( 83 A.D.2d 427). Question certified answered in the affirmative.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.