Opinion
January 31, 1983
Appeal from the Supreme Court, Wayne County, Kennedy, J.
Present — Dillon, P.J., Hancock, Jr., Doerr, Denman and Moule, JJ., concur.
Order unanimously modified and, as modified, affirmed, without costs, in accordance with same memorandum as in Petrus v. Smith (Appeal No. 1) ( 91 A.D.2d 1190).