Opinion
Decided May 10, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRVING KIRSCHENBAUM, J.
Howard R. Cohen for appellant.
Gregory Peck for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, with costs, defendant's motion for summary judgment granted, and question certified answered in the negative (see Barrett v Kasco Constr. Co., 56 N.Y.2d 830; Strange v Montefiore Hosp. Med. Center, 59 N.Y.2d 737).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS. Taking no part: Judge FUCHSBERG.