OPINION OF THE COURT

Order affirmed, with costs (see, Strauss v Belle Realty Co., 65 NY2d 399; see also, Nicholson v City of New York, 271 App Div 899, affd 297 NY 548). Question certified not answered as unnecessary.

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons and Kaye; Judges Jasen and Meyer on constraint of Strauss v Belle Realty Co. (65 NY2d 399). Taking no part: Judges Alexander and Titone.