Order and judgment unanimously affirmed, without costs, for reasons stated in memorandum decision at Special Term, Stiles, J. (see, Martinez v Lazaroff, 48 NY2d 819; Ventricelli v Kinney Sys. Rent A Car, 45 NY2d 950, mod on other grounds 46 NY2d 770; Rivera v City of New York, 11 NY2d 856). (Appeal from order and judgment of Supreme Court, Ontario County, Stiles, J. — summary judgment.) Present — Dillon, P. J., Hancock, Jr., Callahan, Green and Pine, JJ.