OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and order of Supreme Court, New York County, reinstated for reasons stated in the dissenting memorandum of Justice Joseph P. Sullivan at the Appellate Division (107 AD2d 561, 563-565).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.