Opinion
Argued November 13, 1984
Decided December 11, 1984
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Wilmer J. Patlow, J.
Norman A. Palmiere for appellant.
Michael R. Wolford and Carolyn G. Nussbaum for respondent.
Order affirmed, with costs, for reasons stated in the opinion by Justice Stewart F. Hancock, Jr., at the Appellate Division ( 101 A.D.2d 498; see, also, Malerba v Incorporated Vil. of Huntington Bay, 54 N.Y.2d 863).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.