Order reversed, with costs, for the reasons stated in the dissenting memorandum by Presiding Justice FRANCIS T. MURPHY, 26., at the Appellate Division ( 60 A.D.2d 546-547), and the matter converted to a plenary action and remitted to Supreme Court, Bronx County, for further proceedings (CPLR 103, subd [c]).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.