305 EAST 24TH OWNERS CORP. v. PARMAN CO

Order, insofar as appealed from, reversed, with costs, for the reasons stated in so much of the dissenting in part opinion ( 122 A.D.2d 684, 691-703) of Presiding Justice Francis T. Murphy, Jr., at the Appellate Division as pertains to plaintiffs' motion for summary judgment on the complaint, and that portion of the motion granted. The certified question answered in the negative.

Concur: Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Chief Judge WACHTLER.