OPINION OF THE COURT
Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division in Naclerio Contr. Co. v City of New York (116 AD2d 463, affd 69 NY2d 794 [decided herewith]) and the question certified answered in the affirmative.
Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.