OPINION OF THE COURT
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for reasons stated in the memoran*718dum at the Appellate Division (99 AD2d 717; see, also, Maines v Cronomer Val. Fire Dept., 50 NY2d 535).
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.