Opinion
Argued February 20, 1981
Decided April 7, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, WILLIAM J. CRANGLE, J.
Richard A. Insogna for appellant.
David W. Morris for respondent.
Order reversed, with costs, for reasons stated in the dissenting memorandum by former Justice LOUIS M. GREENBLOTT at the Appellate Division ( 75 A.D.2d 921, 922-924) and, on the basis of the Appellate Division's reversal on the facts, case remitted to Supreme Court, Montgomery County, for a new trial (see Cohen and Karger, Powers of the New York Court of Appeals, § 131, p 540).
Concur: Chief Judge COOKE and Judges, JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.