Opinion
May 19, 1977
Order, Appellate Term, Supreme Court, First Department, entered on December 20, 1976, and order of the Civil Court of the City of New York, County of New York, entered on June 30, 1976, unanimously reversed, on the law, and the defendants' motion for summary judgment granted, and the complaint dismissed, without costs and without disbursements, on the dissenting opinion of Gellinoff, J., at the Appellate Term.
Concur — Birns, J.P., Silverman, Evans and Capozzoli, JJ.