Opinion
Argued March 29, 1989
Decided April 27, 1989
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Louis Grossman, J.
Beatrice K. Underweiser for appellants.
Jeffrey D. Marks and Jay D. Fischer for respondent.
Order modified, with costs to appellants, by denying plaintiff's motion for summary judgment for the reasons stated in the dissenting memorandum of the late Justice Leonard H. Sandler at the Appellate Division ( 141 A.D.2d 412, 414-417). Certified question not answered as unnecessary.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.