OPINION OF THE COURT
Order modified, without costs, by granting declaratory judgment in favor of defendants (see Lanza v Wagner, 11 NY2d *965317, 334) and, as so modified, affirmed for the reasons stated in the memorandum at the Appellate Division.
Concur: Judges Jasen, Gabrielli, Jones, Wachtler and Meyer. Taking no part: Chief Judge Cooke and Judge Fuchs-berg.