Kendall v. Evans
72 N.Y.2d 963
NY
1988
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OPINION OF THE COURT

Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (126 AD2d 703).

Concur: Judges Simons, Kaye, Alexander, Titone and Hancock, Jr. Taking no part: Chief Judge Wachtler and Judge Bellacosa.