Opinion
Argued March 22, 1989
Decided April 27, 1989
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Alvin Klein, J.
William P. Sullivan, Jr., and Jeffrey M. Winn for appellant.
Richard S. Last for respondent.
Jerome Murray and Robert G. Post for Surety Association of America, amicus curiae.
Order affirmed, with costs, and certified question answered in the affirmative for the reasons stated in the memorandum of the Appellate Division ( 142 A.D.2d 532).
Concur: Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge KAYE.