Brienza v. Roche (46 N.Y.2d 1059, 1979)

OPINION OF THE COURT

Order reversed, with costs, and the petition dismissed on the authority of Yetman v D’Ambrose (46 NY2d 830).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg.