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, and certified question answered in the affirmative (see, Gutter Furs v Jewelers Protection Servs., 79 NY2d 1027; Sommer v Federal Signal Corp., 79 NY2d 540, 554).
Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick.