
    John C. Giordano, Jr., et al., as Executors of Robert J. Schmertz, Deceased, Appellants, v James G. McMurtry et al., Defendants, and Peter W. Carmel, Respondent.
    Argued May 1, 1981;
    decided June 2, 1981
    
      APPEARANCES OF COUNSEL
    
      Judith A. Livingston and Daniel Kramer for appellants.
    
      Anthony M. Sola and Richard A. Young for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (79 AD2d 548).

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