Opinion
July 9, 1999
Appeal from Order of Supreme Court, Erie County, Whelan, J. — RPAPL.
PRESENT: PINE, J. P., HAYES, PIGOTT, JR., SCUDDER AND BALIO, JJ.
Order unanimously affirmed with costs. Same Opinion by Pine, J. P., as in Lennar Northeast Partners Ltd. Partnership v. Gifaldi ([appeal No. 1] ___ A.D.2d ___ [decided herewith]).