Opinion
Submitted January 9, 1987
Decided February 10, 1987
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
James W. Cooper for appellant.
William A. Carmell, Richard J. Reibstein and Joy D. Oberman for Calgon Corporation, respondent.
Order affirmed, with costs, for the reasons stated in the opinion by Presiding Justice A. Franklin Mahoney at the Appellate Division ( 114 A.D.2d 108; see also, Matter of Guimarales [New York City Bd. of Educ. — Roberts], 68 N.Y.2d 989).
Concur: Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge SIMONS.