
    John Eaton, Respondent, v Everett Harmer, Appellant.
    Decided March 24, 1988
    
      APPEARANCES OF COUNSEL
    
      John Alden Stevens for appellant.
    
      David E. Seaman for respondent.
   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, and a new trial granted for the reasons stated in the dissenting memorandum by Justices Doerr and Lawton at the Appellate Division (134 AD2d 836).

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