Opinion
Argued February 6, 1985
Decided July 5, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Martin Evans, J.
Paul F. McAloon for appellants.
William E. Hegarty, Thomas J. Kavaler, Stanley K. Shapiro and Lisa Schilit for respondent.
Order affirmed, with costs ( see, Strauss v Belle Realty Co., 65 N.Y.2d 399; see also, Nicholson v City of New York, 271 App. Div. 899, affd 297 N.Y. 548). Question certified not answered as unnecessary.
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS and KAYE; Judges JASEN and MEYER on constraint of Strauss v Belle Realty Co. ( 65 N.Y.2d 399). Taking no part: Judges ALEXANDER and TITONE.