Opinion
Argued January 5, 1984
Decided February 14, 1984
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.
Franklin S. Bonem and John W. Ritchie for appellant.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Jerome Weinstock, Gale Zareko and Stanley Buchsbaum of counsel), for respondent.
Selig J. Levitan and Ira J. Kaltman for Celebrity, Inc., amicus curiae. Maurice Mound and Hortense F. Mound for Commodity Clearing Corporation, amicus curiae.
Judgment affirmed, with costs, for reasons stated in the opinion by Justice SIDNEY H. ASCH at the Appellate Division ( 93 A.D.2d 642).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER. Taking no part: Judges SIMONS and KAYE.