Opinion
Argued April 24, 1980
Decided May 29, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ANGELO GRACI, J.
Joseph A. Suozzi, Jeffrey G. Stark, Malachy Mahon and James M. La Rossa for appellants.
Edward N. Meyer, Robert E. Kushner and Robert D. Lang for respondent.
Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice CHARLES MARGETT at the Appellate Division ( 69 A.D.2d 557), adding only that the parties were free to and did chart and follow their own course as to the burden of proof.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge MEYER.