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 [b]), order affirmed, with costs. The Appellate Division correctly ruled that Pfaffenbach v White Plains Express Corp. (17 NY2d 132) was not applicable to the facts of this case.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtlek and Meyer. Taking no part: Judge Fuchsberg.