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 reversed, with costs, and motion for summary judgment denied (see, Burgos v Aqueduct Realty Corp., 92 NY2d 544 [decided today]).
Concur: Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick and Wesley.