LESTER v. LEVICK

Order reversed, with costs, and defendants' motion for summary judgment dismissing the complaint granted on the dissenting memorandum by Mr. Justice MARCUS G. CHRIST at the Appellate Division ( 50 A.D.2d 860, 862-863). Question certified answered in the negative.

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