¶1OPINION OF THE COURT
¶2On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed, with costs, for the reasons stated in the dissenting memorandum of Justice Richard D. Simons at the Appellate Division, and the matter remitted to Supreme Court, Erie County, for a new hearing.
¶3Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.