¶1I join the majority with the added observation that the result reached herein is in full accordance with the analysis set forth in my dissent in Conklin v Montefiore Hosp. and Med. Center (74 AD2d 792). Because of the procedural nuances raised by the facts in Conklin v Montefiore Hosp. and Med. Center (supra),I adhere to the conceptual underpinnings of my view as expressed therein, which view mandates affirmance herein.
¶2Murphy, P. J., Silverman and Carro, JJ., concur with Ross, J.; Lupiano, J., concurs in an opinion.
¶3Order, Supreme Court, New York County, entered on September 10, 1979, affirmed. Plaintiff-respondent shall recover of appellant $50 costs and disbursements of this appeal.