FARAGO v. SHULMAN

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 104 A.D.2d 965; see also, Tebbutt v Virostek, 65 N.Y.2d 931).

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE and ALEXANDER. Judge JASEN dissents and votes to reverse for the reasons stated in his dissenting opinion in Tebbutt v Virostek ( 65 N.Y.2d 931). Taking no part: Judges MEYER and TITONE.