*639OPINION OF THE COURT
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), judgment appealed from and order of the Appellate Division brought up for review reversed, with costs, and proceeding dismissed on the merits for the reasons stated in the dissenting memorandum of Justice Frank D. O’Connor at the Appellate Division (97 AD2d 436, 438-439).
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.