Motion insofar as it seeks leave to appeal to the Court of Appeals is denied; insofar as it seeks reargument the motion is granted, and upon reargument, the unpublished decision and order of this Court entered August 26, 1993 (Appeal No. 49152) is recalled and vacated and a new decision and order is substituted therefor. Concur—Murphy, P. J., Rosenberger, Kupferman, Kassal and Nardelli, JJ. [See, 177 AD2d 35.]