OPINION OF THE COURT
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (76 AD2d 880).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
Argued December 16, 1980;
Decided January 8, 1981
*847APPEARANCES-OF COUNSEL
H. Stuart Klopper for appellant.
John A. Murray and Helen R. Cassidy for respondent.
OPINION OF THE COURT
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (76 AD2d 880).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
52 N.Y.2d 846
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