Opinion
January 29, 1988
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Dillon, P.J., Callahan, Doerr, Green and Balio, JJ.
Order unanimously affirmed without costs. Same memorandum as in Fallon v Loree ([appeal No. 1], 136 A.D.2d 956 [decided herewith]).