Opinion
June 9, 1995
Appeal from the Supreme Court, Erie County, Joslin, J.
Present — Green, J.P., Lawton, Wesley, Doerr and Davis, JJ.
Order unanimously modified, on the law, and as modified affirmed, without costs, in accordance with same opinion by Wesley, J., as in Earsing v. Nelson ( 212 A.D.2d 66 [decided herewith]).