Opinion
Argued January 11, 1990
Decided February 8, 1990
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Shirley Fingerhood, J.
Robert G. Sugarman, Lawrence E. Elder and Cheryl L. Davis for appellants.
Whitney North Seymour, Jr., and Craig A. Landy for respondents.
Robert Abrams, Attorney-General (Lloyd Constantine, Alan Pfeffer and Susan Beth Farmer of counsel), amicus curiae. Sheldon I. London for National Association of Exposition Managers, amicus curiae.
Order reversed, with costs, defendants' motion to dismiss the third and fourth causes of action of the repleaded complaint granted, and the certified question answered in the negative for the reasons stated in the dissenting memorandum by Justice Joseph P. Sullivan at the Appellate Division ( 148 A.D.2d 352, 354-357).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.