The opinion
opinion of the court
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, and judgment of Supreme Court, New York County, reinstated for the reasons stated in dissenting memorandum of Justice David Ross at the Appellate Division ( 86 AD2d 801, 803 ).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.