Opinion
Argued April 24, 1980
Decided June 3, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ANDREW J. DI PAOLA, J.
John E. Hoffman, Jr., and Stephen F. Ellman for appellants.
Edward Labaton, Mark J. Elder, Robert S. Schachter and Jonathan M. Plasse for Joseph Sternberg and another, respondents.
Sheldon V. Burman for Robert P. Shafton, respondent.
John H. Higgs and Michael B. Evanoff for Eastern States Bankcard Association, Inc., and another, amici curiae. Robert Abrams, Attorney-General (Shirley Adelson Siegel, Harvey M. Berman and Douglas V. Ackerman of counsel), amicus curiae.
Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice J. IRWIN SHAPIRO at the Appellate Division ( 69 A.D.2d 352). Question certified answered in the affirmative.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.