Opinion
Decided November 26, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Margaret Taylor, J.
Charles E. Williams, III, and Margaret K. Karfiol for appellant.
Bernard C. Durham for respondent.
On review of the submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, with costs, and determination of the New York City Housing Authority reinstated for the reasons stated in the dissenting memorandum by Justice David Ross at the Appellate Division ( 110 A.D.2d 516).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.