Opinion
Argued September 3, 1986
Decided December 18, 1986
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Arthur D. Spatt, J.
Norman Bard and Joel Paul Berger for appellant.
Brian Michael Seltzer and Ronald J. Offenkrantz for respondent.
John M. Downing for intervenor-respondent.
Order modified by annulling the award of additional allowances for attorney's fees and, as so modified, affirmed, with costs to plaintiff. Question certified answered in the negative. (See, Matter of A.G. Ship Maintenance Corp. v Lezak, 69 N.Y.2d 1.)
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and HANCOCK, JR. Taking no part: Judges MEYER and TITONE.