Citations

Full opinion text

OPINION OF THE COURT

Judgment reversed, without costs, and petition granted for the reasons stated in the dissenting memorandum of then Justice Fritz W. Alexander, II, at the Appellate Division (99 AD2d 989, 990-991).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Lynch. Taking no part: Judge Alexander.

Designated pursuant to NY Constitution, article VI, § 2.