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 affirmed, with costs, and judgment absolute dismissing the complaint granted upon plaintiffs stipulation. The Appellate Division correctly determined that plaintiff was not entitled to recovery against defendant.

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Abdus-Salaam. Taking no part: Judge Rivera.