Lee v. Smith , 58 A.D.2d 528 ( 1977 )

— Judgment, Supreme Court, New York County, entered on October 20, 1976, unanimously affirmed for the reasons stated by Helman, J., at Special Term, without costs and without disbursements. Leave to appeal to the Court of Appeals granted and this court, pursuant to CPLR 5713, states that questions of law have arisen which ought to be reviewed by the Court of Appeals. Concur — Murphy, P. J., Kupferman, Evans, Capozzoli and Lane, JJ. [87 Misc 2d 1018.]