Judgment, Supreme Court, New York County, entered on or about August 10, 1976, unanimously affirmed on the opinion of Fein, J., at Special Term. Respondent shall recover of appellant $40 costs and disbursements of this appeal. Leave to appeal to the Court of Appeals is hereby granted. Concur — Stevens, P. J., Kupferman, Markewich and Yesawich, JJ.