
    Berg Agency, Inc., Respondent, v Sigmund Sommer, Individually and Doing Business as North Shore Tower Associates, Appellant.
   Order, Supreme Court, New York County, entered December 7, 1977, to the extent appealed from, unanimously affirmed, without costs or disbursements. We do not here pass on the question, first raised on appeal but not before Special Term, that Sommer was not liable in his individual capacity. Concur —Birns, J. P., Evans, Lane, Yesawich and Sandler, JJ.  