Opinion by Judge CIPARICK.
Following certification of questions by the United States Court of Appeals for the Second Circuit and acceptance of the questions by this Court pursuant to section 500.17 of the Rules of Practice of the New York State Court of Appeals, and after hearing argument by counsel for the parties and consideration of the briefs and the record submitted, certified question no. 1 answered in the affirmative and certified question no. 2 not answered upon the ground that it has been rendered academic.
Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo, Read and Smith concur.