Opinion
Argued September 4, 1984
Decided October 9, 1984
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Parker J. Stone, J.
John J. Hennigan for appellant.
Donald L. Nicholas and Alicia S. Zielinski for respondents.
Order reversed, with costs, and petition granted for reasons stated in the dissenting memorandum of Justice James H. Boomer at the Appellate Division ( 96 A.D.2d 1138-1139).
Concur: Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE. Taking no part: Judge JASEN.