Order affirmed, with costs, on the memorandum at the Appellate Division (47 AD2d 657).
*955Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
Argued February 10, 1976;
decided March 23, 1976
*954Robert A. Clark for appellant.
Howard A. Sieven for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division (47 AD2d 657).
*955Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
38 N.Y.2d 953
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