MEMORANDUM.
The order of the Appellate Division should be affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division ( 97 A.D.2d 925). Plaintiff's complaint and submissions in response to defendant's motion to dismiss pursuant to CPLR 3211 (subd [a], par 7) have demonstrated that plaintiff has not stated a cause of action against defendant for which the requested relief can be granted. (See Davis v Williams, 59 A.D.2d 660, affd 44 N.Y.2d 882.)
Chief Judge COOKE and Judges JASEN, JONES, MEYER, SIMONS and KAYE concur; Judge WACHTLER taking no part.
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, without costs, in a memorandum.