New York Court of Appeals April 29, 1986 (Smith v. Sipe)

OPINION OF THE COURT

Order reversed, with costs, and defendant’s motion to dismiss the complaint granted for the reasons stated in the dissenting memorandum of Presiding Justice A. Franklin Mahoney at the Appellate Division (109 AD2d 1034, 1036-1037). Question certified answered in the affirmative.

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.