Opinion
Decided March 20, 1986
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Charles R. Rubin, J.
Mark A. Longo for appellant.
Jack H. Dorfman for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for reasons stated in the opinion by Justice Charles B. Lawrence at the Appellate Division ( 109 A.D.2d 101). (See also, Duffy v Horton Mem. Hosp., 66 N.Y.2d 473). Question certified answered in the affirmative.
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and HANCOCK, JR. Taking no part: Judge TITONE.