Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered March 2, 1981 in Rensselaer County, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action. Order affirmed, without costs, upon the opinion of Mr. Justice Harold J. Hughes at Special Term. Mahoney, P. J., Sweeney, Mikoll, Yesawich, Jr., and Levine, JJ., concur.