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OPINION OF THE COURT
Order affirmed, with costs, and certified question answered in the affirmative for the reasons stated by Justice David Friedman at the Appellate Division (36 AD3d 17 [2006]).
Concur: Chief Judge Kaye and Judges Ciparick, Grapfeo, Smith, Pigott and Jones. Taking no part: Judge Read.
Document Info
Citation Numbers: 9 N.Y.3d 928, 876 N.E.2d 500
Filed Date: 10/11/2007
Precedential Status: Precedential
Modified Date: 1/13/2023