Opinion
Argued October 16, 1979
Decided November 15, 1979
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ARNOLD G. FRAIMAN, J.
Samuel Kirshenbaum and Brian Michael Seltzer for appellant.
Burton Citak for John Bruno and another, respondents.
Robert Jay Rapoport for Long Island Beef Co., respondent.
Order reversed, with costs, and judgment granted in favor of appellant for the reasons stated in the dissenting opinion by Mr. Justice JOSEPH P. SULLIVAN at the Appellate Division (64 A.D.2d, at pp 462-465).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.