OPINION OF THE COURT
Order reversed, with costs, and order of Supreme Court, Albany County, reinstated for the reasons stated in the dissenting opinion by Presiding Justice A. Franklin Mahoney at the Appellate Division (113 AD2d 611, 614-615).
Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.