Opinion
January 22, 1991
Motion for reargument of this court's decision and order entered on October 23, 1990 ( 166 A.D.2d 319) granted to extent of deleting the last full paragraph of the second page thereof and substituting therefor the following: "Sherber's obligation to pay off the outstanding loan balance does not accrue until actual payment is made by Studley (Mars Assocs. v New York City Educ. Constr. Fund, 126 A.D.2d 178, lv dismissed 70 N.Y.2d 747). Accordingly, Supreme Court properly limited relief to the amount paid to Chemical Bank by plaintiff."
Concur — Kupferman, J.P., Asch, Smith and Rubin, JJ.