Opinion
Submitted October 15, 1976
Decided November 18, 1976
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Cornelius V. Gallagher for appellants.
Lawrence Feldman and Kenneth Thomas Edson, P.C., for Cosmopolitan Mutual Insurance Company, respondent.
Order affirmed, without costs, on the opinion by then Presiding Justice J. CLARENCE HERLIHY at the Appellate Division ( 47 A.D.2d 183).
Concur: Chief Judge BREITEL and Judges JONES, WACHTLER and FUCHSBERG. Judges JASEN, GABRIELLI and COOKE dissent and vote to reverse on the dissenting opinion by Mr. Justice ROBERT G. MAIN at the Appellate Division ( 47 A.D.2d 183, 186-187).