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 opinion by Justice Charles B. Lawrence at the Appellate Division (109 AD2d 101). (See also, Duffy v Horton Mem. Hosp., 66 NY2d 473). Question certified answered in the affirmative.
Concur: Chief Judge Wachtler and Judges Meyer, Simons, *828Kaye, Alexander and Hancock, Jr. Taking no part: Judge Titone.