4 No. 281 [1993 N.Y. Int. 6]
Decided January 19, 1993
This memorandum is uncorrected and subject to revision before publication in the New
York Reports.
Francis J. Constantine, for Appellant.
Theodore E. Wiggins, III, for Respondent.
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Reargument ordered and case set down for argument during a session of this Court to be
fixed after receipt of additional briefing. Acting Chief Judge Simons and Judges Kaye,
Titone, Hancock, Bellacosa and Smith concur.