Opinion
April 13, 1979
Appeal from the Monroe Supreme Court.
Present — Simons, J.P., Hancock, Jr., Schnepp, Doerr and Moule, JJ.
Order unanimously modified, and, as modified, affirmed, with costs to defendant. Same memorandum as in Creative Marketing Prods. of Rochester v. United States Fid. Guar. Co. ( 69 A.D.2d 1014).