Opinion
Argued February 9, 1978
Decided March 23, 1978
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HYMAN KORN, J.
James M. Furey and Clifford B. Keller for appellant.
Charles Kramer for plaintiffs-respondents.
Edward J. Pacelli and William C. Morris for defendant-respondent.
Order affirmed, with costs (see Comiskey v Arlen, 43 N.Y.2d 696). Question certified answered in the affirmative.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.