Motion for reargument denied but motion for leave to appeal to the Court of Appeals granted to the extent of certifying the following question: “ Did the Appellate Division err in affirming the order of Special Term denying plaintiff’s motion for partial summary judgment pursuant to rule 114 of the Rules of Civil Practice?” Settle order on notice. Concur — McNally, J. P., Stevens, Eager, Steuer and Bastow, JJ.