DENNIS JIMMY'S FOOD CORP. v. MILTON COMPANY

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 99 A.D.2d 477), except so much thereof as deals with waiver, an issue not before us.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.