Opinion
Argued February 14, 1990
Decided March 22, 1990
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Stephen A. Ferradino, J.
John J. La Boda, Jr., and Robert M. Cohen for appellant.
Jessica C. Brynteson for respondents.
Order affirmed, without costs, and certified question answered in the negative for the reasons stated in the opinion by Presiding Justice A. Franklin Mahoney at the Appellate Division ( 146 A.D.2d 433).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.