The opinion
—Judgment unanimously affirmed with *1026 costs. Same Memorandum as in Downes v Aran ( 229 AD2d 1025 [decided herewith]). (Appeal from Judgment of Supreme Court, Queens County, Rutledge, J.—Summary Judgment.) Present—Green, J. P., Lawton, Wesley, Doerr and Boehm, JJ.