dissent in a memorandum by Bloom, J., as follows: We disagree with our brethren. We would affirm the judgment appealed from on the authority of Newin Corp. v Continental Ins. Co. (80 AD2d 756, mot for lv to app dsmd 53 NY2d 606, mot for lv to app dsmd 53 NY2d 938; see, also, Newin Corp. v Hartford Acc. & Ind. Co., 55 NY2d 744).