
    Maurice Musman, Appellant, v Modern Deb, Inc., et al., Respondents.
    Argued November 20, 1979;
    decided December 17, 1979
    
      APPEARANCES OF COUNSEL
    
      Leon S. Harris for appellant.
    
      Steven S. Miller and Robert W. Gottlieb for respondents.
   OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (66 AD2d 719).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Judge Gabrielli dissents and votes to reverse for the reasons stated in the dissenting memorandum by Mr. Justice Arnold L. Fein at the Appellate Division (66 AD2d, at pp 720-723).  