OPINION OF THE COURT
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (79 AD2d 1081; see, also, Kurcsics v Merchants Mut. Ins. Co., 49 NY2d 451, 459).
Concur: Chief Judge Cooke and Judges Gabrielli, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Jasen.