
    [707 NE2d 432, 684 NYS2d 477]
    Capital Holding Company, Appellant, v Rena Stavrolakes et al., Respondents.
    Argued November 18, 1998;
    decided December 17, 1998
    
      APPEARANCES OF COUNSEL
    
      Belkin Burden Wenig & Goldman, L. L. P., New York City (Magda L. Cruz, Sherwin Belkin and Jay H. Berg of counsel), for appellant.
    
      Fishman & Neil, New York City (Steven A. Neil and Richard L. Levenson of counsel), for Rena Stavrolakes, respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (242 AD2d 240). Certified question not answered as unnecessary.

Concur: Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick and Wesley.  