OPINION OF THE COURT
Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (266 AD2d 903). Concur: Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo.
Ronald Benderson et al., as Trustees Under a Trust Agreement Dated October 14, 1985, Known as the Benderson 85-1 Trust, Respondents, v. Wiper Check, Inc., Appellant
96 N.Y.2d 855730 N.Y.S.2d 29754 N.E.2d 1112
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