¶1OPINION OF THE COURT
¶2On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (100 AD2d 928; see also, Frerk v Mercy Hosp., 99 AD2d 504, affd 63 NY2d 635).
¶3Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander. Judges Jasen and Meyer on constraint of Parker v Mack (61 NY2d 114).