
    James V. Alaimo, Respondent, v First Federal Savings and Loan Association of Rochester, Appellant.
    Argued August 29, 1977;
    decided October 4, 1977
    
      Dirk S. Adams for appellant.
    
      Richard S. Mayberry for respondent.
   Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  