MORRELLO v. SARATOGA HARNESS RACING, INC

Order reversed, with costs, for reasons stated in the dissenting memorandum by former Justice LOUIS M. GREENBLOTT at the Appellate Division ( 75 A.D.2d 921, 922-924) and, on the basis of the Appellate Division's reversal on the facts, case remitted to Supreme Court, Montgomery County, for a new trial (see Cohen and Karger, Powers of the New York Court of Appeals, § 131, p 540).

Concur: Chief Judge COOKE and Judges, JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.