Opinion
June 10, 1998
Appeal from the Supreme Court, Erie County, Michalek, J. — Summary Judgment.
Present — Green, J.P., Wisner, Pigott, Jr., Balio and Fallon, JJ.
Appeal unanimously dismissed without costs ( see, Loafin' Tree Rest. v. Pardi [appeal No. 1], 162 A.D.2d 985). (Appeal from Order of Supreme Court, Erie County, Michalek, J. — Summary Judgment.)