VELELLA v. BENEDETTO

Order affirmed, without costs, for the reasons stated in the opinion by Justice LEONARD H. SANDLER at the Appellate Division ( 83 A.D.2d 465) and because defendant as the prevailing party in that court was not entitled as a matter of law to an award of costs and disbursements (CPLR 8107).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.