| NY | Feb 14, 1985
OPINION OF THE COURT
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.