ERWIN PEARL, INC. v. BURROUGHS CORPORATION

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 of the Appellate Division ( 98 A.D.2d 619). We would add only that plaintiff's affidavit on its motion to reargue failed to establish the merit of its case (see Canter v Mulnick, 60 N.Y.2d 689).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.