Penfield Mechanical Contractors, Inc. v. Roberts , 63 N.Y.2d 784 ( 1984 )

OPINION OF THE COURT

Order affirmed, with- costs (Matter of Erie County Ind. Dev. Agency v Roberts, 63 NY2d 810, decided herewith). Question certified not answered as unnecessary.

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