OPINION OF THE COURT
Order affirmed, with costs (Matter of Beary v City of Rye, 44 NY2d 398; Schwartz v Heyden Newport Chem. Corp., 12 NY2d 212; see, also, Thornton v Roosevelt Hosp., 47 NY2d 780).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg.