78 SOUTH FIRST STREET HOUS. DEV. FUND CORP. v. CROTTY

Order reversed, with costs, defendants' motion to dismiss the complaint granted and certified question answered in the negative for reasons stated in the dissenting memorandum by Justice E. Leo Milonas at the Appellate Division ( 150 A.D.2d 218, 220-222).

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.