Opinion
Decided April 26, 1983
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, IRVING S. ARONIN, J.
Brian J. Shoot for appellant.
Eugene H. Lieber and Anthony J. McNulty for respondents.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, with costs, and case remitted to the Appellate Division, Second Department, for review of the facts (see Miskiewicz v Hartley Rest. Corp., 58 N.Y.2d 963; CPLR 5613).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.