
    Anthony Morrello, Appellant, v Saratoga Harness Racing, Inc., Respondent.
    Argued February 20, 1981;
    decided April 7, 1981
    
      APPEARANCES OF COUNSEL
    
      Richard A. Insogna for appellant.
    
      David W. Morris for respondent.
   OPINION OF THE COURT

Order reversed, with costs, for reasons stated in the dissenting memorandum by former Justice Louis M. Greenblott at the Appellate Division (75 AD2d 921, 922-924) and, on the basis of the Appellate Division’s reversal on the facts, case remitted to Supreme Court, Montgomery County, for a new trial (see Cohen and Karger, Powers of the New York Court of Appeals, § 131, p 540).

Concur: Chief Judge Cooke and Judges, Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  