
    Abraham D. Heitner, Individually and on Behalf of All Others Similarly Situated, Respondent, v Government Employees Insurance Company et al., Appellants.
    Argued January 10, 1985;
    decided February 7, 1985
    
      APPEARANCES OF COUNSEL
    
      Charles Platto, Kevin Burke, Christine Lepera and Ellen Perle for Government Employees Insurance Company and others, appellants.
    
      
      Frank L. Amoroso and David P. Franks for Lumbermens Mutual Casualty Company, appellant.
    
      Terence Quinlan and Peter K. Ledwith for Safeco National Insurance Company, appellant.
    
      Norman H. Dachs and Babette R. Yablon for respondent.
    
      Brian A. Sheridan and Willard M. Pottle, Jr., for Raymond Rios and others, amici curiae.
    
   OPINION OF THE COURT

Order reversed, with costs, and judgment of Supreme Court, Nassau County, reinstated for reasons stated in the opinion of Justice Arthur D. Spatt at Special Term (118 Misc 2d 752). Question certified answered in the negative.

Concur: Judges Jasen, Meyer, Simons, Kaye and Alexander. Taking no part: Chief Judge Wachtler.  