Opinion
Decided September 17, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Hansel L. McGee, J.
C. Raymond Nelson for appellant.
Joseph Kelner and Martin J. Rubenstein for respondent.
On review of 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 order of Supreme Court, New York County, reinstated for reasons stated in the dissenting memorandum of Justice Joseph P. Sullivan at the Appellate Division ( 107 A.D.2d 561, 563-565).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.