BIRDSALL v. MONTGOMERY WARD AND COMPANY, INC

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, for the reasons stated in the opinion by Justice Howard A. Levine at the Appellate Division ( 109 A.D.2d 969).

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.