Order reversed, with costs, and motion to dismiss the claim granted for reasons stated in the dissenting opinion by Justice J. CLARENCE HERLIHY at the Appellate Division ( 73 A.D.2d 50, 52-55). Question certified answered in the negative.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.