Opinion
Decided February 12, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Irving G. Aronin, J.
Gerald J. Mondora and David S. Gould for appellants.
Steven C. Mandell for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 100 A.D.2d 928; see also, Frerk v Mercy Hosp., 99 A.D.2d 504, affd 63 N.Y.2d 635).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER. Judges JASEN and MEYER on constraint of Parker v Mack ( 61 N.Y.2d 114).