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Full opinion text

OPINION OF THE COURT

Order reversed, with costs, motion for summary judgment granted and the case remitted to Supreme Court, Dutchess County, for assessment of damages for the reasons stated in the dissenting memorandum at the Appellate Division (66 AD2d 774, 776-777). Question certified answered in the negative.

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