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, defendant’s motion for summary judgment granted, and question certified answered in the negative (see Barrett v Kasco Constr. Co., 56 NY2d 830; Strange v Montefiore Hosp. & Med. Center, 59 NY2d 737).

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