Opinion
Argued September 12, 1984
Decided October 11, 1984
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Edward J. Greenfield, J.
Lawrence M. McKenna and Harry E. Youtt for appellant.
Timothy P. Butler and Robert E. Meshel for Sitomer, Sitomer Porges, respondent.
Harold Davis for Jacob Aschkenasy, respondent.
Alan Kanzer and George Berlstein for Empire Fire and Marine Insurance Company and others, respondents.
Order affirmed, with costs, for reasons stated in the opinion by Justice Samuel J. Silverman at the Appellate Division ( 97 A.D.2d 114).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE. Judge MEYER concurs on constraint of Morrison v National Broadcasting Co. ( 19 N.Y.2d 453).