Majority
p. 727Leon Madonick, Respondent, v Harry Macklowe, Appellant.
Judgment, Supreme Court, New York County (Helman, J.), entered on February 9, 1981, unanimously affirmed for reasons stated by Helman, J., at Trial Term. Respondent shall recover of appellant $75 costs and disbursements of this appeal. Concur — Sandler, J. P., Sullivan, Carro, Markewich and Bloom, JJ.