On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), judgment appealed from and order of the Appellate Division brought up for review reversed, with costs, and plaintiffs' motions for summary judgment denied for the reasons stated in the dissenting in part memorandum of Justice Vito J. Titone at the Appellate Division ( 101 A.D.2d 803).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.