OPINION OF THE COURT

Order reversed, with costs, for reasons stated in the dissenting memorandum by former Justice Louis M. Greenblott at the Appellate Division (75 AD2d 921, 922-924) and, on the basis of the Appellate Division’s reversal on the facts, case remitted to Supreme Court, Montgomery County, for a new trial (see Cohen and Karger, Powers of the New York Court of Appeals, § 131, p 540).

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