Opinion
Submitted December 28, 1970
Decided January 21, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ARTHUR M. CROMARTY, J.
David T. Berman for motion.
Sol Horenstein opposed to motion and for cross motion.
Motion for leave to appeal granted.
Cross motion to dismiss appeal taken as of right granted and appeal dismissed, without costs, upon the ground appellants are not aggrieved by the modification of the Appellate Division, which was in their favor (CPLR 5601, subd. [a], par. [iii]).