Order, Appellate Term, New York County, entered on January 22, 1981, unanimously reversed, on the law, without costs and without disbursements, and the petition dismissed. (See Conrad v Third Sutton Realty Co., 81 A.D.2d 50).
Concur — Ross, Markewich and Fein, JJ. Birns, J.P., concurs on constraint of Conrad v Third Sutton Realty Co. (supra).