OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, and the case remitted to the Appellate Division, Second Department, for further proceedings. On this record, there is no basis for setting aside, *911 as a matter of law, the determination of Special Term that this doorman came within the contemplation of CPLR 308 (subd 2) (duPont, Glore Forgan & Co. v Chen, 41 NY2d 794, 797).

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