Opinion
Argued March 20, 1991
Decided April 30, 1991
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Herman Cahn, J.
Victor A. Kovner, Corporation Counsel (Trudi Mara Schleifer and Ellen B. Fishman of counsel), for appellant.
Respondents precluded.
Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 161 A.D.2d 337).
Concur: Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA. Chief Judge WACHTLER and Judges KAYE and ALEXANDER dissent and vote to reverse for the reasons stated in the dissenting memorandum of Justice Israel Rubin at the Appellate Division ( 161 A.D.2d 337, 340).