Opinion
July 14, 1995
Appeal from the Supreme Court, Erie County, Mintz, J.
Present — Lawton, J.P., Wesley, Davis and Boehm, JJ.
Order unanimously reversed on the law without costs and motion denied in accordance with the same Memorandum as in Kindzierski v. Foster ( 217 A.D.2d 998 [decided herewith]).