*939OPINION 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 certified question answered in the affirmative (see Branic Intl. Realty Corp. v Pitt, 24 NY3d 1005, 1007 [2014], citing Matter of Park E. Corp. v Whalen, 43 NY2d 735, 736 [1977]).
Concur: Chief Judge Lippman and Judges Pigott, Rivera, Stein and Fahey; Judge Abdus-Salaam taking no part.