Majority
p. 939Gerber’s Fast Food Service, Ltd., Appellant, and Broadview Capital Corp., Respondent, et al., Plaintiffs, v S & E Realty Co., Respondent. Decided February 11, 1982
p. 940
APPEARANCES OF COUNSEL
Reuben R. Kaufman for appellant.
Steven D. Dreyer for plaintiff-respondent.
Robert M. Calica for defendant-respondent.
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 83 AD2d 602 ).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg. Taking no part: Judge Meyer.