On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and a new trial granted for reasons stated in the dissenting memorandum by Justice Isaac Rubin at the Appellate Division (104 AD2d 492, 493-495).
Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander.
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