PAMELA J. HOWELL ET AL., APPELLANTS, v. THE NEW YORK POST COMPANY, INC., ET AL., RESPONDENTS.

82 N.Y.2d 690, 619 N.E.2d 650, 601 N.Y.S.2d 572 (1993).
July 9, 1993

1 No. 68 [1993 NY Int. 160]
Decided July 9, 1993

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This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Padraic D. Lee, for Appellants.
Laurence Greenwald, for Respondents.

MEMORANDUM:

The order of the Appellate Division insofar as it pertains to defendant New York Post Co., Inc., should be affirmed, with costs.

Subsequent to oral argument, the Post filed a chapter 11 bankruptcy petition, and thus the appeal with respect to that defendant was stayed and our Opinion applied only to the individual defendants (Howell v New York Post, 81 NY2d 115, 118 n. 1 [decided April 5, 1993]). By order dated May 20, 1993, the Bankruptcy Court lifted the automatic stay for purposes of permitting this Court to render a decision with respect to the Post. Accordingly, for the reasons stated in our Opinion of April 5, we now affirm as to the corporate defendant.

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Order, insofar as it pertains to defendant New York Post Company, Inc., affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Simons, Titone, Hancock and Bellacosa concur. Judge Smith took no part.