Opinion
Decided November 11, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, AARON E. KLEIN, J.
Stephen L. Oppenheim for appellants.
G. Gordon Coughlin, Jr., 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 the judgment and order of Supreme Court, Ulster County, reinstated for reasons stated in the dissenting memorandum of Justice HOWARD A. LEVINE at the Appellate Division ( 87 A.D.2d 917, 919-920). Question certified answered in the affirmative.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.