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Full opinion text

Motion, insofar as it seeks leave to appeal to the Court of Appeals, denied, and insofar as it seeks reargument granted and upon reargument the order of this court entered on April 30, 1985 [110 AD2d 1094] is recalled and resettled to add to the preamble paragraph: "and the further ground of failure to state a cause of action.” Resettled order signed and filed. Concur—Sandler, J. P., Carro, Asch, Fein and Milonas, JJ.