Opinion
Submitted March 28, 1978
Decided April 27, 1978
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, LOUIS KAPLAN, J.
Herbert C. Silberman for appellant. Joseph Feinstein for respondents.
Order affirmed, with costs, on the opinion by Mr. Justice HAROLD BIRNS at the Appellate Division ( 58 A.D.2d 7) (Glass v Battista, 43 N.Y.2d 620).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.