59 N.Y.2d 737 | NY | 1983
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
As we wrote in Barrett v Kasco Constr. Co. (56 NY2d 830, 831), procedurally indistinguishable from the case now before us, “although the prior judgment of Supreme Court
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur; Judge Fuchsberg taking no part.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.