Decided February 14, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Henderson Morrison, J.
James R. Sandner and Noel D. Cohen for appellant.
William H. Englander 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 of the Appellate Division ( 104 A.D.2d 796).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.