Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 167 A.D.2d 820).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Judge ALEXANDER dissents and votes to reverse for the reasons stated in the dissenting memorandum at the Appellate Division ( 167 A.D.2d 820, 820-822).