WIEN MALKIN LLP v. HELMSLEY-SPEAR, INC., 10 (N.Y. 2-21-2006)

Order reversed, with costs, and judgment of Supreme Court, New York County, reinstated. Certified question not answered upon the ground that it is unnecessary.

Opinion by Judge G.B. Smith.

Judges Ciparick, Rosenblatt, Graffeo and R.S. Smith concur.

Chief Judge Kaye and Judge Read took no part.