Opinion
Decided November 26, 1991
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Sondra Miller, J.
Howard Rukeyser for appellants.
William Maker, Jr., for respondents.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order modified, with costs to plaintiffs, by denying defendant's cross motion for summary judgment and, as so modified, affirmed for the reasons stated in the dissenting in part memorandum by Presiding Justice Guy J. Mangano at the Appellate Division ( 174 A.D.2d 728).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.