Opinion
October 1, 1999
Appeal from Order of Supreme Court, Monroe County, Affronti, J. — Summary Judgment.
PRESENT: GREEN, J. P., LAWTON, PIGOTT, JR., SCUDDER AND BALIO, JJ.
Order unanimously affirmed without costs. Same Memorandum as in Smith v. Isaac Heating Air Conditioning([appeal No. 1] ___ A.D.2d ___ [decided herewith]).