Opinion
April 19, 1996
Appeal from the Supreme Court, Erie County, Kane, J.
Present — Green, J.P., Pine, Fallon, Callahan and Boehm, JJ.
Judgment affirmed without costs. Same Memorandum as in Kambat v. St. Francis Hosp. ([appeal No. 1] 226 A.D.2d 1059 [decided herewith]).
All concur except Green, J.P., and Boehm, J., who dissent in part and vote to reverse in the same dissenting Memorandum as in Kambat v. St. Francis Hosp. ([appeal No. 1] 226 A.D.2d 1059, 1061 [decided herewith]).