OPINION OF THE COURT

Order modified, with costs to appellants, by denying plaintiffs motion for summary judgment for the reasons stated in the dissenting memorandum of the late Justice Leonard H. Sandler at the Appellate Division (141 AD2d 412, 414-417). Certified question not answered as unnecessary.

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.