Order affirmed, with costs, on the memorandum at the Appellate Division (53 AD2d 1051).
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
Argued March 22, 1977;
decided April 26, 1977
*1027David M. Levy and William Goldman for appellant.
Michael A. Wineburg for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division (53 AD2d 1051).
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
41 N.Y. 1026
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