Opinion
November 15, 1989
Appeal from the Supreme Court, Erie County, Mintz, J.
Present — Dillon, P.J., Callahan, Boomer, Lawton and Davis, JJ.
Order unanimously affirmed without costs. Same memorandum as in Jarzabek v Tucci ([appeal No. 2] 155 A.D.2d 908 [decided herewith]).