New York Court of Appeals December 17, 1979 (Musman v. Modern Deb, Inc.)

OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (66 AD2d 719).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Judge Gabrielli dissents and votes to reverse for the reasons stated in the dissenting memorandum by Mr. Justice Arnold L. Fein at the Appellate Division (66 AD2d, at pp 720-723).