BRAUN v. ST. VINCENT'S HOSPITAL AND MEDICAL CENTER

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, with costs, and the case remitted to the Appellate Division, Second Department, for further proceedings. On this record, there is no basis for setting aside, as a matter of law, the determination of Special Term that this doorman came within the contemplation of CPLR 308 (subd 2) ( duPont, Glore Forgan Co. v Chen, 41 N.Y.2d 794, 797).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.