
    Mario Tolisano, as Administrator of the Estate of Samuel Tolisano, Deceased, Respondent, v Meyer Texon, Appellant.
    Argued November 17, 1989;
    decided December 14, 1989
    
      APPEARANCES OF COUNSEL
    
      Russell T. McHugh and Frederick N. Gaffney for appellant.
    
      Charles Haydon for respondent.
   OPINION OF THE COURT

Order reversed, with costs, defendant’s motion to dismiss the complaint granted and certified question answered in the negative for the reasons stated in the dissenting memorandum by Justice George Bundy Smith at the Appellate Division (144 AD2d 267, 269-273).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacos a. Taking no part: Judge Alexander.  