Editor's Note: The opinion of the Supreme Court, Appellate Division, First Department, in
Assured Guar. Municipal Corp. v. DLJ Mortg. Capital, Inc., published in the advance sheet at this citation,
980 N.Y.S.2d 760, was withdrawn from the bound volume because it was recalled and vacated. For substituted opinion, see
988 N.Y.S.2d 132.