Order unanimously modified on the law and as modified affirmed without costs, in accordance with same Memorandum as in Brice v Lafayette Country Club ([appeal No. 1] 177 AD2d 957 [decided herewith]). (Appeal from Order of Supreme Court, Onondaga County, Nicholson, J.—Reargument.) Present—Doerr, J. P., Boomer, Pine, Balio and Lawton, JJ.