OPINION OF THE COURT

Order reversed, with costs, and case remitted to the Appellate Division, First Department, for consideration and resolution of all other issues within its plenary intermediate appellate authority. The evidence, when viewed in the light most favorable to the plaintiff, is legally sufficient to support the jury’s verdict.

Concur: Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt.