BERGNER v. KICK

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 85 A.D.2d 911). ( Huggins v Castle Estates, 36 N.Y.2d 427).

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