Opinion
Argued November 16, 1984
Decided December 13, 1984
Appeal from the Supreme Court, Kings County, Leonard Scholnick, J.
Steven S. Efron, Robert A. Rifkin and Richard K. Bernard for appellant.
Christopher Harold and John R. Harold for respondent.
Judgment appealed from and order of the Appellate Division brought up for review reversed, with costs, and determination of appellant confirmed for reasons stated in the dissenting memorandum of Justice Leon D. Lazer at the Appellate Division ( 96 A.D.2d 502, 504-505).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.