Opinion
Argued May 2, 1984
Decided June 14, 1984
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Anthony J. Mercorella, J.
William E. Hegarty, Thomas J. Kavaler, Lisa Schilit and Ernest J. Williams for appellant in both actions.
Jessel Rothman, Julian Kaplan and Margaret D. Kranz for Morris Goldstein and another, respondents.
Jane Compton Hammett, Jay A. Maller and Irving Schneider for Seymour Gillman, respondent.
Orders affirmed, with costs, and question certified answered in the affirmative (see Koch v Consolidated Edison Co., 62 N.Y.2d 548).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.