Opinion
Argued October 4, 1982
Decided November 16, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, LOUIS GROSSMAN, J.
Raymond T. Munsell, Paul Windells, Jr., and Kenneth W. Greenawalt for appellant.
Jon Paul Robbins and Herbert L. Brickman, pro se, for Herbert L. Brickman, respondent.
On defendant's appeal: Order reversed, with costs, and complaint dismissed for reasons stated in the dissenting memorandum by Presiding Justice FRANCIS T. MURPHY, JR., at the Appellate Division on the earlier appeal ( 66 A.D.2d 737-740).
On plaintiff's appeal: Appeal dismissed, without costs, as academic in view of the disposition made on defendant's appeal.
Concur: Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Chief Judge COOKE.