Order affirmed, with costs, on the memorandum at the Appellate Division (50 AD2d 618), except so much of the memorandum as refers to the Statute of Limitations in its penultimate paragraph upon which the court does not find it necessary to pass.

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