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Herbert C. Baldwin, Appellant, v. William Degenhardt, Respondent
OPINION OF THE COURT
Order reversed, with costs, and a new trial granted for the reasons stated in the dissenting memorandum of Justice Paul J. Yesawich, Jr., at the Appellate Division (189 AD2d 941, 943-944).
Concur: Chief Judge Kaye and Judges Simons, Titone, Hancock, Jr., Bellacosa and Smith. Taking no part: Judge Levine.