
    Dennis & Jimmy’s Food Corp., Appellant, v Milton Company, Respondent.
    Decided March 30, 1984
    
      APPEARANCES OF COUNSEL
    
      Alan J. Sanders for appellant.
    
      Benjamin Housman for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (99 AD2d 477), except so much thereof as deals with waiver, an issue not before us.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.  