Opinion
Argued June 8, 1979
Decided June 28, 1979
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALFRED M. ASCIONE, J.
Lester Nelson and Jeffrey W. Herrman for appellant.
Edward N. Meyer for respondent.
Order reversed, with costs, and plaintiff's motion for summary judgment denied for reasons stated in the dissenting memorandum by Mr. Justice LEONARD H. SANDLER at the Appellate Division ( 64 A.D.2d 573, 575-577).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER; Judge FUCHSBERG taking no part.