Opinion
Decided September 16, 1997
Appeal from Appellate Division of the Supreme Court, Third Judicial Department.
Sher, Herman, Bellone Tipograph, P.C., New York City ( Richard T. Harris of counsel), for appellant.
David Sanua, New York City, and James P. O'Connor for DRE Maintenance Corporation, respondent.
Paul A. Crotty, Corporation Counsel of New York City ( A. Orli Spanier of counsel), for City of New York, respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals ( 22 NYCRR 500.4), order affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division ( 238 A.D.2d 674).
Concur: Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY.