Opinion
Decided June 30, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EUGENE R. WOLIN, J.
Charles G. Mills for appellant-respondent.
Jon Paul Robbins for respondent-appellant.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order modified, with costs to defendants, by granting a new trial as to defendant Anthony Keasbey for the reasons stated in the dissenting in part memorandum by Justice SAMUEL J. SILVERMAN at the Appellate Division ( 92 A.D.2d 478, 480-481) and, as so modified, affirmed.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.