Opinion
Argued March 27, 1978
Decided April 27, 1978
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MANUEL A. GOMEZ, J.
Joseph P. Callahan for appellant.
Arnold Davis for respondent.
Order, insofar as appealed from reversed, without costs, and defendant's motion to dismiss plaintiff's first cause of action denied on the dissenting memorandum by Mr. Justice SAMUEL J. SILVERMAN at the Appellate Division (56 A.D.2d, at pp 551-552).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.