Opinion
July 14, 1992
Appeal from the Supreme Court, Erie County, Joslin, J.
Present — Denman, P.J., Pine, Balio, Lawton and Doerr, JJ.
Appeal from order insofar as it denied reargument unanimously dismissed without costs (see, Empire Ins. Co. v. Food City, 167 A.D.2d 983) and otherwise order modified on the law and as modified affirmed in accordance with same Memorandum as in Wilkinson v. Hoelscher ( 185 A.D.2d 665 [decided herewith]).