Freno v. Sutton

Order, Supreme Court, New York County (Andrew Tyler, J.), entered on or about February 21, 1989, unanimously affirmed, without costs and without disbursements, in view of this court’s recent holding in Freno v Sutton (160 AD2d 597) which dealt with the identical issue raised on the instant appeal. Concur— Sullivan, J. P., Carro, Rosenberger and Asch, JJ.