Opinion
Decided February 14, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, William L. Underwood, Jr., J.
Martin S. Rothman for appellants.
Nathan Cyperstein and Steve S. Efron for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, with costs, and a new trial granted for reasons stated in the dissenting memorandum by Justice Isaac Rubin at the Appellate Division ( 104 A.D.2d 492, 493-495).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.