
    Sidney J. Salzman et al., Doing Business as River Development Company, Plaintiffs, v Holiday Inns, Inc., Defendant and Third-Party Appellant-Respondent. Instlcorp, Inc., Third-Party Respondent-Appellant.
    Argued October 14, 1976;
    decided November 16, 1976
    
      
      Michael T. Tomaino and Ronald L. Brown for appellant-respondent.
    
      E. Garrett Cleary and Thorold J. Deyrup for respondent-appellant.
   Order modified, without costs, and the order of Supreme Court, Monroe County, reinstated on the dissenting opinion by Mr. Justice Richard D. Simons at the Appellate Division (48 AD2d 258, 263-265) and, as so modified, affirmed. Question certified answered in the negative.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  