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Motions for reargument granted and, upon re-argument, the memorandum and order entered June 14, 2004 is amended by providing in the ordering paragraph and the last sentence of the memorandum that the counterclaim for enforcement is granted. [See 8 AD3d 958 (2004).] Present—Hurlbutt, J.P., Scudder, Kehoe and Gorski, JJ.