Opinion
Argued September 2, 1993
Decided October 7, 1993
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Lawrence E. Kahn, J.
Cahn Wishod Wishod Lamb, Melville (Richard C. Cahn, Eugene L. Wishod, Scott M. Karson, Frederick Eisenbud and Howard M. Miller of counsel), for appellants.
Michael Colodner, New York City, and John Eiseman, Stephen E. Gross, Lawrence K. Marks and Kenneth Falk for respondent.
Order affirmed, with costs, and certified question answered in the negative for the reasons stated in the opinion by Justice A. Franklin Mahoney at the Appellate Division ( 183 A.D.2d 341).
Concur: Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH. Taking no part: Chief Judge KAYE and Judge LEVINE.