
    James Carter, on Behalf of Himself and All Others Similarly Situated, Appellant, v Frito-Lay, Inc., Respondent.
    Argued January 15, 1981;
    decided February 17, 1981
    
      APPEARANCES OF COUNSEL
    
      Sol Lefkowitz and Jack Deitch for appellant.
    
      William J. Isaacson, William C. Zifchak and Jean D. Thompson for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (74 AD2d 550). Question certified answered in the affirmative.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  