Harold Properties Corp. v. Frankel ( 1983 )

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order modified, with costs to defendant, by deleting the dismissal of the complaint and by making a declaration in favor of defendant in accordance with the memorandum at the Appellate Division (93 AD2d 720), and, as so modified, affirmed.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.