Opinion
(1702) CA 00-02982
December 21, 2001.
(Appeal from Order of Supreme Court, Erie County, Burns, J. — CPLR art 50-B.)
PRESENT: PIGOTT, JR., P.J., WISNER, SCUDDER, KEHOE AND LAWTON, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Rappold v. Snorac, Inc. ([appeal No. 7] 289 A.D.2d 1044 [decided herewith]).