Order reversed, with costs, and the claim reinstated on the dissenting opinion by then Presiding Justice J. CLARENCE HERLIHY at the Appellate Division ( 47 A.D.2d 390, 396).
Concur: Judges GABRIELLI, WACHTLER, FUCHSBERG and COOKE. Chief Judge BREITEL and Judges JASEN and JONES dissent and vote to affirm on the opinion by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division.