Opinion
April 25, 1997
Present — Pine, J.P., Lawton, Doerr, Balio and Boehm, JJ.
Order unanimously affirmed without costs. Same Memorandum as in Pieri v. Forest City Enters. ( 238 A.D.2d 911 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Notaro, J. — Summary Judgment.)