Opinion
Argued May 1, 1979
Decided June 5, 1979
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, GEORGE L. COBB, J.
Terence L. Kindlon for appellants.
Condon A. Lyons for respondent.
Order affirmed, with costs (Matter of Beary v City of Rye, 44 N.Y.2d 398; Schwartz v Heyden Newport Chem. Corp., 12 N.Y.2d 212; see, also, Thornton v Roosevelt Hosp., 47 N.Y.2d 780).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.