Citations

Full opinion text

OPINION OF THE COURT

Order reversed, with costs, and a new trial granted for the reasons stated in the dissenting memorandum of Justice Paul J. Yesawich, Jr., at the Appellate Division (189 AD2d 941, 943-944).

Concur: Chief Judge Kaye and Judges Simons, Titone, Hancock, Jr., Bellacosa and Smith. Taking no part: Judge Levine.