¶1On review of submissions pursuant to section 500.11 of the Rules of the Court of **267Appeals ( 22 NYCRR 500.11 ), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 149 A.D.3d 827, 49 N.Y.S.3d 905 [2017] ) and certified question not answered as unnecessary.
¶2Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.