Opinion
Decided December 8, 1994
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Joseph Gerace, J.
O'Shea, Reynolds Cummings, Buffalo (William A. Long, Jr., of counsel), for appellants.
Harris, Beach Wilcox, Rochester (Henry L. Jesserer, III, of counsel), for Thomas R. Kennedy, respondent.
Phillips, Lytle, Hitchcock, Blaine Huber, Buffalo (Kim S. Murphy of counsel), for Louis C. Mancuso and another, respondents.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 203 A.D.2d 930).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.