Brienza v. Roche
46 N.Y.2d 1059
NY
1979
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OPINION OF THE COURT

Order reversed, with costs, and the petition dismissed on the authority of Yetman v D’Ambrose (46 NY2d 830).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg.