Opinion
December 23, 1994
Appeal from the Supreme Court, Erie County, Gorski, J.
Present — Green, J.P., Lawton, Fallon, Doerr and Davis, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Pchelka v Loomis-Root, Inc. ( 210 A.D.2d 889 [decided herewith]).