Decided March 27, 1986
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Joseph J. Ricotta, J.
John L. Goodell for appellant.
William A. Evans for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 115 A.D.2d 233).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.