OPINION OF THE COURT
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, defendant’s motion to dismiss granted and complaint dismissed, for the reasons stated in the dissenting memorandum at the Appellate Division (239 AD2d 898). Concur: Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley.