Application granted to the extent that so much of this court's decision dated January 7, 1983 as denied respondent-appellant's motion for reargument or, in the alternative, for permission to appeal to the Court of Appeals is rescinded, and upon reconsideration respondent-appellant's motion for reargument denied, without costs, and motion for permission to appeal to the Court of Appeals granted, without costs. No issue of fact was considered by this court. Pursuant to CPLR...
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