OPINION OF THE COURT

Order affirmed, without costs, for reasons stated in the opinion by Presiding Justice A. Franklin Mahoney at the Appellate Division (83 AD2d 8). We note, however, that the Statute of Limitations referred to by the Appellate Division was not in effect at that time.

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