8 N.Y.3d 939 (2007)
J.A.O. ACQUISITION CORP. et al., Appellants,
J.A.O. ACQUISITION CORP. et al., Appellants,
v.
JEFFREY D. STAVITSKY et al., Defendants, and
FIRST UNION NATIONAL BANK, Formerly Known as CORESTATES BANK, N.A., Respondent. (And a Third-Party Action.)
Court of Appeals of the State of New York.
Submitted March 26, 2007. Decided April 26, 2007.Motion for reargument denied [see 8 NY3d 144].