Order affirmed, with costs, on the memorandum at the Appellate Division ( 50 A.D.2d 954).
Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE. Judge JASEN dissents and votes to reverse for the reasons stated in the dissenting memorandum by Mr. Justice T. PAUL KANE at the Appellate Division.