OPINION OF THE COURT
Order reversed, with costs, and plaintiff’s motion for summary judgment denied for reasons stated in the dissenting *948memorandum by Mr. Justice Leonard H. Sandler at the Appellate Division (64 AD2d 573, 575-577).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Meyer; Judge Fuchsberg taking no part.