Opinion
Argued February 17, 1981
Decided March 26, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, OLIVER C. SUTTON, J.
Sidney Schreiberg for appellant-respondent.
Bernard Novick for respondents-appellants.
On plaintiff's appeal: Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, for reasons stated in the opinion by Justice SAMUEL J. SILVERMAN at the Appellate Division ( 67 A.D.2d 339).
On defendants' appeal: Appeal dismissed, without costs, upon the grounds that the dissent at the Appellate Division was not on a question of law in favor of defendants, the defendants were not aggrieved by the modification at the Appellate Division and no substantial constitutional question is directly involved (CPLR 5601).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.