Opinion
Argued February 13, 1985
Decided March 26, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, William P. McCooe, J.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Gillian Sacks and Stephen J. McGrath of counsel), for appellant.
Susan I. Lubowitz, Stephen F. Gordon and Jeffrey L. Kreisberg for respondent.
MEMORANDUM.
The order of the Appellate Division should be reversed, with costs, for the reasons stated in the dissenting opinion of Justice Samuel J. Silverman ( 103 A.D.2d 695, 697), except we conclude that there remains no issue of fact relating to the meaning and effect of the stipulation and, therefore, the petition should be dismissed.
Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.
Order reversed, with costs, and petition dismissed in a memorandum.