
    Helmsley-Spear, Inc., Appellant, v Frank Winter, Respondent, et al., Defendants.
    Argued January 14, 1981;
    decided February 17, 1981
    
      APPEARANCES OF COUNSEL
    
      Arthur N. Lambert, William R. Mait and Michael Mail-let for appellant.
    
      Melvin Hirshowitz and Hyman Bravin for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice Samuel J. Silverman at the Appellate Division (74 AD2d 195). Question certified answered in the affirmative.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Fuchsberg and Meyer. Taking no part: Judge Wachtler.  