¶1OPINION OF THE COURT
¶2Order affirmed, with costs, on the opinion by Mr. Justice Harold Birns at the Appellate Division (58 AD2d 7) (Glass v Battista, 43 NY2d 620).
¶3Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.