Opinion
Argued February 17, 1975
Decided March 20, 1975
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FREDERIC E. HAMMER, J.
Sheila L. Birnbaum, Emile Z. Berman, A. Harold Frost, Howard Lester and Pamela Anagnos Liapakis for respondents-appellants.
Donald Miller for appellant-respondent.
Betty J. Gittelman and Roy L. Reardon for respondent.
Order modified, with costs to the prevailing parties, in accordance with the memorandum by Judges M. HENRY MARTUSCELLO and HENRY J. LATHAM, in partial dissent at the Appellate Division, and, as so modified, affirmed.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE. Taking no part: Judge FUCHSBERG.