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SMITH v. SIPE

Court of Appeals of the State of New York.
Apr 29, 1986

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.