
    T. D. Fender, Respondent, v T. Gene Prescott, Appellant.
    Argued March 21, 1985;
    decided April 25, 1985
    
      APPEARANCES OF COUNSEL
    
      Owen McGivern, Allan R. Freedman and Beth A. Finley for appellant.
    
      Edward N. Meyer, Robert E. Kushner and Vicki L. Dexter for respondent.
   OPINION OF THE COURT

Order affirmed, with-costs, for the reasons stated in that part of the opinion by Justice Bentley Kassal at the Appellate Division as deals with specific performance (101 AD2d 418).

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