GOLDING v. MAUSS

Order reversed, without costs, for reasons stated in dissenting opinion at Appellate Division, and case remitted to Appellate Division for consideration of questions of fact, if any, raised on appeal to that court (CPLR 5612, subd. [a], 5613).

Concur: Chief Judge FULD and Judges BURKE, BREITEL and GIBSON. Judges SCILEPPI, BERGAN and JASEN dissent and vote to affirm on prevailing opinion at the Appellate Division.