OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 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 AD2d 728).

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