Judgment affirmed, without costs (see Quotron Systems v Gallman, 39 NY2d 428, revg 47 AD2d 719). Costs are not awarded because of failure to rebrief the case after this court’s decision in Quotron (supra, decided May 4, 1976), of which both parties were aware, and their continued reliance on the Appellate Division determination in that case.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.