
    Michael Holtslander, an Infant, by Judith Holtslander, His Parent, et al., Appellants, v C. W. Whalen and Sons et al., Respondents. Nelson Passino, an Infant, by Judith M. Jablonski, His Parent, et al., Appellants, v C. W. Whalen and Sons et al., Respondents.
    Argued January 8, 1988;
    decided February 4, 1988
    
      APPEARANCES OF COUNSEL
    
      Robert M. Cohen and Morris D. Strauss for appellants.
    
      Christine Kirwin Krackeler and J. Vincent Smith for C. W. Whalen and Sons, respondent.
    
      
      Elizabeth M. Dumas for Church of the Immaculate Conception, respondent.
   OPINION OF THE COURT

Order modified, with costs to plaintiffs against defendant Church, by granting a new trial as against the defendant Church and, as so modified, affirmed, with costs to defendant C. W. Whalen and Sons against plaintiffs, for reasons stated in the concurring in part and dissenting in part memorandum by Justice Howard A. Levine at the Appellate Division (126 AD2d 917, 919-920).

Concur: Judges Simons, Kaye, Alexander and Hancock, Jr. Chief Judge Wachtler and Judges Titone and Bellacosa dissent in part and vote to affirm for the reasons stated in the memorandum of the Appellate Division (126 AD2d 917).  