Submitted by Martin L. Conrad, for appellant.
Submitted by Jonathan T. Uejio, for respondent.
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On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, and certified question answered in the affirmative (see, Gutter Furs v Jewelers Protection Servs., 79 NY2d 1027; Sommer v Federal Signal Corp., 79 NY2d 540, 554). Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.