Order affirmed, with costs, for reasons stated in the opinion by Justice Samuel J. Silverman at the Appellate Division ( 97 A.D.2d 114).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE. Judge MEYER concurs on constraint of Morrison v National Broadcasting Co. ( 19 N.Y.2d 453).