THORNTON v. BARON, No. 116 (N.Y. 6-30-2005)

Opinion by Chief Judge KAYE.

Order affirmed, without costs, and certified question answered in the affirmative.

Judges G.B. Smith, Ciparick, Rosenblatt and Graffeo concur.

Judge R.S. Smith dissents in an opinion in which Judge Read concurs.