
    Yorkshire Towers Company, Appellant, v Billy C. Harpster, Respondent.
    Supreme Court, Appellate Term, First Department,
    November 17, 1988
    APPEARANCES OF COUNSEL
    
      Goldberg & Birnbaum (Arthur Birnbaum of counsel), for appellant.
   OPINION OF THE COURT

Per Curiam.

Order entered January 6, 1987 reversed, with $10 costs, and petitioner’s motion for summary judgment is granted (see, companion case, Thompson Realty Co. v Baker, NYLJ, June 6, 1988, at 24, col 5 [App Term, 1st Dept]; East Four-Forty Assocs. v Ewell, 138 Misc 2d 235; compare, Braschi v Stahl Assocs., 143 AD2d 44 [1st Dept]).

Sandifer, J. P., Parness and McCooe, JJ., concur.  