Order, Supreme Court, New York County (Herman Cahn, J.), entered September 14, 1993, affirmed, for the reasons stated by Cahn, J., without costs and disbursements. Motion for leave to appeal to the Court of Appeals denied; motion for reargument granted and, upon reargument, the decision and order entered on November 22, 1994 (209 AD2d 322) is recalled and vacated and a new decision and order is substituted therefor, decided simultaneously herewith. Concur—Ellerin, Kupferman and Williams, JJ.