CREATIVE TRADING COMPANY v. LARKIN-PLUZNICK-LARKIN

Order reversed, with costs, defendants' motion to dismiss the third and fourth causes of action of the repleaded complaint granted, and the certified question answered in the negative for the reasons stated in the dissenting memorandum by Justice Joseph P. Sullivan at the Appellate Division ( 148 A.D.2d 352, 354-357).

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.