Opinion
March 27, 1980
Appeal from a judgment of the Supreme Court at Special Term, entered September 18, 1978 in Albany County, which granted defendants' motion to dismiss the complaint. Judgment affirmed, without costs. (See Matter of Plummer v. Klepak, 48 N.Y.2d 486; Matter of Flemming v. Cagliostro, 53 A.D.2d 187, mot for lv to app den 40 N.Y.2d 806.) Mahoney, P.J., Greenblott, Main, Mikoll and Casey, JJ., concur.