
    Terry Roehm, Respondent, v RLE Development, LLC, Appellant.
    [864 NYS2d 376]
   Motion for reargument granted and, upon reargument, the memorandum and order entered May 2, 2008 (51 AD3d 1406 [2008]) is amended by deleting “(Penn Can project)” from the first sentence of the memorandum and by deleting “general contractor for the Penn Can project” from the second sentence of the memorandum and substituting “owner of the Penn Can Mall.” Present—Scudder, EJ., Martoche, Smith, Lunn and Peradotto, JJ.  