Opinion
Argued May 1, 1981
Decided June 18, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, EDWARD M. O'GORMAN, J.
Michael M. Platzman for appellant.
Charles A. Goldberger for respondent.
Order reversed, with costs, and matter remitted to the Appellate Division, Second Department, for review of the facts (see Matter of Geneseo Cent. School [ Perfetto Whalen Constr. Corp.], 53 N.Y.2d 306).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.