Opinion
Argued October 22, 1975
Decided November 20, 1975
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DAVID F. LEE, JR., J.
James L. Sonneborn for appellants.
Manley H. Thaler for respondent.
Judgment reversed, without costs, and defendants' motion for summary judgment dismissing the complaint granted on the dissenting memorandum at the Appellate Division ( 46 A.D.2d 982).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge COOKE.