On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, with costs, and the jury's verdict reinstated for the reasons stated in the dissenting memorandum of Justice Paul J. Yesawich, Jr., at the Appellate Division ( 111 A.D.2d 546, 548).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.