| NY | Apr 27, 1989

*1002OPINION OF THE COURT

Order affirmed, with costs, and certified question answered in the affirmative for the reasons stated in the memorandum of the Appellate Division (142 AD2d 532).

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

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