On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, with costs, and complaint dismissed for reasons stated in the dissenting memorandum of Justice REID S. MOULE at the Appellate Division ( 96 A.D.2d 715, 716; see, also, Licari v Elliott, 57 N.Y.2d 230, 237).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.