Order reversed, with costs, and defendant's motion to dismiss the complaint granted for the reasons stated in the dissenting memorandum of Presiding Justice A. Franklin Mahoney at the Appellate Division ( 109 A.D.2d 1034, 1036-1037). Question certified answered in the affirmative.
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.