OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order re*973versed, without costs, and matter remitted to Supreme Court, Albany County, for a traverse hearing. The parties’ submissions on the motion to dismiss raise issues of fact requiring a traverse hearing.

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.