Majority
p. 827Michael G. Palmentiero, Respondent, v. C. K. Rehner, Inc., et al., Appellants, et al., Defendant.
Judgment unanimously modified so as to direct payment to plaintiff of the moneys deposited by the defendant as a tender and, as so modified, affirmed. Settle order on notice. Concur — Peck, P. J., Breitel, Prank, Yalente and McNally, JJ.