Order modified, with costs to the prevailing parties, in accordance with the memorandum by Judges M. HENRY MARTUSCELLO and HENRY J. LATHAM, in partial dissent at the Appellate Division, and, as so modified, affirmed.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE. Taking no part: Judge FUCHSBERG.