Opinion
Decided September 16, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH S. CALABRETTA, J.
Rudolph V. Pino, Jr., for appellant.
John M. Downing for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 86 A.D.2d 658).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.