Opinion
February 1, 1991
Appeal from the Supreme Court, Erie County, Joslin, J.
Present — Callahan, J.P., Denman, Balio, Lawton and Davis, JJ.
Order unanimously modified on the law and as modified affirmed without costs, in accordance with same Memorandum as in Spano v Meli ([appeal No. 1] 170 A.D.2d 976 [decided herewith]).