OPINION OF THE COURT

Order reversed, with costs, defendant’s motion to dismiss the complaint granted and certified question answered in the negative for the reasons stated in the dissenting memorandum by Justice George Bundy Smith at the Appellate Division (144 AD2d 267, 269-273).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacos a. Taking no part: Judge Alexander.