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 affirmed, with costs, for the reason stated in the memorandum at the Appellate Division (92 AD2d 540; see, also, Di Falco, Field & Lomenzo v Newburgh Dyeing Corp., 54 NY2d 715; Zuckerman v City of New York, 49 NY2d 557).

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