OPINION OF THE COURT
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (129 AD2d 793). We note in addition, with respect to plaintiffs claim of common-law negligence, that the principles applied by the Appellate Division were recently reaffirmed by this court (see, D’Amico v Christie, 71 NY2d 76).
Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.