
    Benderson Development Company, Inc., Appellant, v Commenco Corporation et al., Respondents.
    
    Argued June 10, 1975;
    decided June 26, 1975
    
      
      Robert S. Weinstein and Arthur L. Rothschild for appellant.
    
      James T Duggan and James W Smyton for respondents.
   Order affirmed, with costs, on the memorandum at the Appellate Division.

Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler, Fuchsberg and Cooke. Taking no part: Judge Jasen.  