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—Order unanimously affirmed with costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Tormey, III, J.). We add only that the decision of the Court of Appeals in Logue v Velez (92 NY2d 13) does not require a different result because that case is factually distinguishable. (Appeal from Order of Supreme Court, Onondaga County, Tormey, III, J.— Discovery.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Balio, JJ.