KAPLAN v. MANOLI

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 memorandum at the Appellate Division ( 100 A.D.2d 928; see also, Frerk v Mercy Hosp., 99 A.D.2d 504, affd 63 N.Y.2d 635).

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER. Judges JASEN and MEYER on constraint of Parker v Mack ( 61 N.Y.2d 114).