Opinion
March 22, 2001.
Reargument granted and, upon reargument, the decision and order of this Court entered on August 3, 2000 ( 275 A.D.2d 216) recalled and vacated and a new decision and order substituted therefor ( see 281 A.D.2d 301 [decided herewith]).
Before: Rosenberger, J. P., Mazzarelli, Ellerin, Lerner and Friedman, JJ., concur.
Leave to appeal to the Court of Appeals granted, as indicated. Plaintiff directed to comply with that portion of Hon. Judith Gishe's order entered on or about November 5, 1999, affirmed herein, granting $40,000 in counsel fees $5,000 in accountant fees, as indicated.