Opinion
April 14, 1989
Appeal from the Supreme Court, Erie County, Wolfgang, J.
Present — Dillon, P.J., Callahan, Green, Pine and Lawton, JJ.
Appeal by plaintiff Grover Simmons unanimously dismissed. Judgment in favor of defendant George Baxter unanimously affirmed without costs. Same memorandum as in Simmons v. Ricks ([appeal No. 3] 149 A.D.2d 914).