Order, Supreme Court, New York County, entered on December 15, 1975, and order entered on January 6, 1976, unanimously affirmed for the reasons stated by Kirschenbaum, J., and Frank, J., at Special Term. Respondent shall recover of appellants one bill of $40 costs and disbursements of this appeal. Concur—Stevens, P. J., Markewich, Kupferman, Murphy and Capozzoli, JJ.