Opinion
February 5, 1993
Appeal from the Supreme Court, Erie County, Joslin, J.
Present — Boomer, J.P., Pine, Lawton, Boehm and Fallon, JJ.)
Order unanimously modified on the law and as modified affirmed without costs in accordance with same Memorandum as in Ruiz v 8600 Roll Rd. ( 190 A.D.2d 1030 [decided herewith]).