Judgment reversed, without costs, and petition granted for the reasons stated in the dissenting memorandum of then Justice Fritz W. Alexander, II, at the Appellate Division ( 99 A.D.2d 989, 990-991).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and LYNCH. Taking no part: Judge ALEXANDER.
Designated pursuant to N Y Constitution, article VI, § 2.