OPINION OF THE COURT
Order reversed, with costs, and order of Supreme Court, Albany County, reinstated for the reasons stated in the dissenting memorandum by Justice Paul J. Yesawich, Jr., at the Appellate Division (114 AD2d 734, 736).
Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.