OPINION OF THE COURT
Per Curiam.
Judgment entered September 16, 1996 affirmed, with $10 costs, for the reasons stated in the decision of Judge Judith J. Gische at the Civil Court (169 Misc 2d 952) (see also, Reich v Manhattan Boiler & Equip. Corp., — AD2d —, 1997 NY Slip Op 05790 [1st Dept, June 17, 1997]). Parness, J. P., McCooe and Davis, JJ., concur.