Order affirmed, with costs, for reasons stated in the opinion by Presiding Justice A. FRANKLIN MAHONEY at the Appellate Division ( 73 A.D.2d 31). Question certified answered in the affirmative.
Concur: Judges JASEN, GABRIELLI, WACHTLER and FUCHSBERG. Chief Judge COOKE and Judges JONES and MEYER dissent and vote to reverse for reasons stated in the opinion by Justice HAROLD E. KOREMAN at Special Term ( 98 Misc.2d 491).