Opinion
Argued September 1, 1993
Decided October 7, 1993
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Stanley Parness, J.
O. Peter Sherwood, Corporation Counsel of New York City (Patricia E. LaFreniere, Edith I. Spivack, Joseph I. Lauer and Reed G. Schneider of counsel), for appellants.
Sonnenschein, Sherman Deutsch, New York City (Irving Sonnenschein, Alex Deutsch and Martin J. Friedman of counsel), for respondent.
Order reversed, with costs, petitioner's motion for partial summary judgment denied, and certified question answered in the negative for the reasons stated in the dissenting memorandum by Justice Joseph P. Sullivan at the Appellate Division ( 185 A.D.2d 778, 778-784).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH. Taking no part: Judge LEVINE.