An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Carol Berk-man, J.), rendered on or about September 9, 2009, and said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon, it is unanimously ordered that the judgment so appealed from be and the same is *613hereby affirmed. Concur — Andrias, J.E, Friedman, Freedman, Richter and Román, JJ.