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OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, and complaint dismissed for reasons stated in the dissenting memorandum of Justice Reid S. Moule at the Appellate Division (96 AD2d 715, 716; see, also, Licari v Elliott, 57 NY2d 230, 237).
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.