Opinion
October 5, 1990
Appeal from the Supreme Court, Erie County, Mintz, J.
Present — Doerr, J.P., Boomer, Balio, Lawton and Davis, JJ.
Order affirmed without costs. Same memorandum as in Lichtenthal v. St. Mary's Church ([appeal No. 2] 166 A.D.2d 873 [decided herewith]).
All concur, except Balio and Lawton, JJ., who dissent and vote to reverse in the same dissenting memorandum as in Lichtenthal v St. Mary's Church, ([appeal No. 3] 166 A.D.2d 875 [decided herewith]).