
    Susan Cortesi et al., Respondents, v R & D Construction Corp. et al., Appellants.
    Argued November 18, 1988;
    decided December 22, 1988
    
      APPEARANCES OF COUNSEL
    
      Michael J. Hutter for appellants.
    
      Randall Pratt and James F. Taylor for respondents.
   OPINION OF THE COURT

Order modified, with costs to appellants, by denying plaintiffs’ motion for summary judgment for the reasons stated in the dissenting memorandum by Justice Howard A. Levine at the Appellate Division (137 AD2d 901, 903-905) and, as so modified, affirmed.

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