¶1OPINION OF THE COURT
¶2Order, insofar as appealed from reversed, without costs, and defendant’s motion to dismiss plaintiffs first cause of action denied on the dissenting memorandum by Mr. Justice Samuel J. Silverman at the Appellate Division (56 AD2d, at pp 551-552).
¶3Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.