Opinion
November 15, 1988
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Callahan, J.P., Doerr, Green, Pine and Davis, JJ.
Judgment unanimously affirmed without costs (see, Dumain v Carey, 133 A.D.2d 206, appeal dismissed 70 N.Y.2d 926, 71 N.Y.2d 1022).