Opinion
Decided December 1, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, RUBIN, J.
Michael Irwin Meltzer for appellants.
Nicholas J. Zoogman 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 [g]), order modified, with costs to defendant, by deleting the dismissal of the complaint and by making a declaration in favor of defendant in accordance with the memorandum at the Appellate Division ( 93 A.D.2d 720), and, as so modified, affirmed.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.