Opinion
Argued March 25, 1985
Decided April 25, 1985
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Edmund L. Shea, J.
John Benjamin Carroll for appellant.
Thomas E. Myers and John J. Dee for respondents.
Appeal insofar as it seeks review of that portion of the prior order of the Appellate Division which enjoined expansion pending the accounting dismissed for mootness; order appealed from and order brought up for review otherwise affirmed, with costs, for the reasons stated in so much of the memorandum at the Appellate Division as pertains to management fees and punitive damages ( 91 A.D.2d 860).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, KAYE, ALEXANDER and KANE. Taking no part: Judge SIMONS.
Designated pursuant to N Y Constitution, article VI, § 2.