NOTICE: THIS SUMMARY ORDER MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY, BUT MAY BE CALLED TO THE ATTENTION OF THE COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA. SEE SECOND CIRCUIT RULE 0.23.
Appearing for Appellant: James I. Meyerson, New York, New York.
Appearing for Appellee: John C. Grosz, Vedder, Price, Kaufman, Kammholz & Day, New York, New York.
S.D.N.Y.
AFFIRMED.
This cause came to be heard on the transcript of record from the United States District Court for the Southern District of New York and was argued.
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby affirmed.
We affirm for substantially the reasons set forth by the district court in its Memorandum Order. Gordon v. Katz, 94 Civ. 0124(CLB)(MDF) (S.D.N.Y. Dec. 15, 1995).
The Honorable Constance Baker Motley, United States District Judge for the Southern District of New York, sitting by designation