Opinion
Argued October 25, 1995
Decided November 29, 1995
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Diane A. Lebedeff, J.
Wisehart Koch, New York City (Arthur M. Wisehart of counsel), for appellant.
Weil, Gotshal Manges, New York City (Mark A. Jacoby, Lawrence J. Baer and Holly A. Zinn of counsel), for respondents.
Order affirmed, with costs, and certified question answered in the affirmative for the reasons stated in the opinion by Justice Joseph P. Sullivan at the Appellate Division ( 205 A.D.2d 143).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.