Judgment appealed from and order of the Appellate Division brought up for review reversed, with costs, and the order of Supreme Court, Onondaga County, reinstated for reasons stated in the dissenting memorandum at the Appellate Division ( 84 A.D.2d 907, 908).
Concur: Chief Judge COOKE and Judges JONES, WACHTLER and MEYER. Judge JASEN dissents and votes to affirm for reasons stated in the memorandum of the Appellate Division ( 84 A.D.2d 907). Taking no part: Judge SIMONS.