
    78 South First Street Housing Development Fund Corporation et al., on Behalf of Themselves and Others Similarly Situated, Respondents, v Paul A. Crotty, as Commissioner of the New York City Department of Housing Preservation and Development, et al., Appellants.
    Argued March 27, 1990;
    decided May 3, 1990
    
      APPEARANCES OF COUNSEL
    
      Victor A. Kovner, Corporation Counsel (Judith R. Greenwald, Edith I. Spivak and Joseph I. Lauer of counsel), for appellants.
    
      Gerald A. Rosenberg, Janet Ellis Meiman and Kenneth C. Brown for respondents.
    
   OPINION OF THE COURT

Order reversed, with costs, defendants’ motion to dismiss the complaint granted and certified question answered in the negative for reasons stated in the dissenting memorandum by Justice E. Leo Milonas at the Appellate Division (150 AD2d 218, 220-222).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.  