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 by Justice Howard A. Levine at the Appellate Division (137 AD2d 901, 903-905) and, as so modified, affirmed.
Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.