
    Duane P. Howell, Appellant, v Neil S. Davis et al., Respondents.
    Submitted January 3, 1978;
    decided February 7, 1978
    
      APPEARANCES OF COUNSEL
    
      Harold S. Vogel for appellant.
    
      Joseph Bonacore for respondents.
   OPINION OF THE COURT

Order affirmed, without costs, on the memorandum at the Appellate Division (58 AD2d 852).

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