Majority
p. 887Robert Smith, Individually and as Parent and Natural Guardian of Gary Smith, an Infant, Respondent, v. Mary Fahey et al., Appellants. (Appeal No. 4.)
— Judgment and order unanimously modified on the law in accordance with the memorandum herein, and as so modified affirmed, without costs. Same memorandum as in Liggett v. Fahey ( 34 A D 2d 886 ). (Appeal from judgment and order of Onondaga Supreme Court, in declaratory judgment action.) Present — Del Vecchio, J. P., Witmer, Gabrielli and Henry, JJ.