Opinion
Decided May 18, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRVING KIRSCHENBAUM, J.
Edward P. Ryan for appellants.
Armand J. Rosenberg for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order reversed, with costs, and defendant's motion for summary judgment denied for the reasons stated in the dissenting memorandum of Justice HAROLD BIRNS at the Appellate Division ( 86 A.D.2d 578, 579).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.