Motion for reargument or, in the alternative, leave to appeal to the Court of Appeals denied; the cross motion for reargument is granted and, upon reargument, the memorandum and order entered November 14, 2008 (56 AD3d 1134 [appeal No. 3] [2008]) is amended by deleting “$36,000” from the penultimate sentence of the second paragraph of the memorandum and substituting “$32,000.” Present—Scudder, P.J., Hurlbutt, Martoche and Smith, JJ.