CORTESI v. R D CONSTRUCTION CORP

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 A.D.2d 901, 903-905) and, as so modified, affirmed.

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