FIRST NATIONAL CITY BANK v. TARA REALTY CORPORATION

Order reversed, with costs, and judgment granted in favor of appellant for the reasons stated in the dissenting opinion by Mr. Justice JOSEPH P. SULLIVAN at the Appellate Division (64 A.D.2d, at pp 462-465).

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