Order reversed, with costs, for reasons stated in the dissenting opinions at the Appellate Division by Presiding Justice HAROLD E. KOREMAN and Mr. Justice MICHAEL E. SWEENEY and the case remitted to the Appellate Division, Third Department, for review of the facts (CPLR 5613).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.