Opinion
December 29, 1993
Appeal from the Supreme Court, Erie County, Whelan, J.
Present — Denman, P.J., Callahan, Lawton and Davis, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with same Memorandum as in Schelble v ADF Constr. Corp. ( 199 A.D.2d 973 [decided herewith]).