Opinion
June 9, 1995
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Denman, P.J., Pine, Wesley, Balio and Boehm, JJ.
Appeal from order and judgment insofar as it granted plaintiff's motion for summary judgment unanimously dismissed (see, Hughes v. Nussbaumer, Clarke Velzy, 140 A.D.2d 988) and order and judgment affirmed with costs. Same Memorandum as in Benderson v. Computer Task Group ( 216 A.D.2d 922 [decided herewith]).