Majority
p. 857Walhalla Associates, Inc., Appellant, v National Commercial Bank and Trust Company, Respondent. Argued September 3, 1981; decided October 13, 1981
p. 858
APPEARANCES OF COUNSEL
Athena C. Kouray and Francis Bergan for appellant.
Anthony J. Carpinello for respondent.
OPINION OF THE COURT
Order affirmed, with costs, for reasons stated in the opinion by Presiding Justice A. Franklin Mahoney at the Appellate Division ( 71 AD2d 154 ): Question certified answered in the affirmative.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.