Opinion
November 15, 1989
Appeal from the Supreme Court, Erie County, Rath, J.
Present — Callahan, J.P., Denman, Boomer, Balio and Lawton, JJ.
Order unanimously affirmed without costs. Same opinion by Denman, J., as in Nelson v Garcia ([appeal No. 2] 152 A.D.2d 22 [decided herewith]).