
    Raymond O. Wagner et al., Respondents, v Anne B. Wagner, Appellant, and Herbert J. A. Runsdorf, as Executor of Raymond M. Wagner, Deceased, Respondent.
    Submitted March 28, 1978;
    decided April 27, 1978
    
      APPEARANCES OF COUNSEL
    
      Herbert C. Silberman for appellant.
    
      
      Joseph Feinstein for respondents.
   OPINION OF THE COURT

Order affirmed, with costs, on the opinion by Mr. Justice Harold Birns at the Appellate Division (58 AD2d 7) (Glass v Battista, 43 NY2d 620).

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