LESTER FISHMAN, EXECUTOR OF THE ESTATE OF ARTHUR LESSER, DECEASED, APPELLANT, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, RESPONDENT.
79 N.Y.2d 1031, 594 N.E.2d 933, 584 N.Y.S.2d 439 (1992).
May 12, 1992

1 No. 164 SSM 15

Decided May 12, 1992

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

Submitted by John Corcos Levy, for Appellant.
Submitted by Steven S. Efron, for Respondent.

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.4 of the Rules, order affirmed and judgment absolute ordered against appellant on the stipulation, with costs, for the reasons stated in the opinion by Justice George Bundy Smith at the Appellate Division (157 AD2d 352). Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock and Bellacosa concur.