Opinion
Argued October 15, 1985
Decided November 14, 1985
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Lyman H. Smith, J.
A. Vincent Buzard and Philip A. Dorsey for appellant.
Thomas G. Collins for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 106 A.D.2d 903).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.