Opinion
137.
November 21, 2006.
Judges Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Following certification of questions by the United States Court of Appeals for the Second Circuit and acceptance of the questions by this Court pursuant to section 500.27 of the Rules of Practice of the New York State Court of Appeals, and after hearing argument by counsel for the parties and consideration of the briefs and record submitted, certified question no. 1 answered in the affirmative and certified question no. 2 not answered as academic.
Chief Judge Kaye took no part.