On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, and certified question answered in the affirmative (see, Gutter Furs v Jewelers Protection Servs., 79 N.Y.2d 1027; Sommer v Federal Signal Corp., 79 N.Y.2d 540, 554).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.