
    Morris Goldstein et al., Respondents, v Consolidated Edison Company of New York, Inc., Appellant, et al., Defendants; Seymour Gillman, as Trustee in Bankruptcy for Sherry Tobacco Company, Inc., and Claremont-Madison Tobacco Corp., Respondent, v Consolidated Edison Company of New York, Inc., Appellant.
    Argued May 2, 1984;
    decided June 14, 1984
    
      APPEARANCES OF COUNSEL
    
      William E. Hegarty, Thomas J. Kavaler, Lisa Schilit and Ernest J. Williams for appellant in both actions.
    
      Jessel Rothman, Julian Kaplan and Margaret D. Kranz for Morris Goldstein and another, respondents.
    
      Jane Compton Hammett, Jay A. Mailer and Irving Schneider for Seymour Gillman, respondent.
   OPINION OF THE COURT

Orders affirmed, with costs, and question certified answered in the affirmative (see Koch v Consolidated Edison Co., 62 NY2d 548).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.  