¶1Order unanimously affirmed without costs. Same opinion by Denman, J., as in Nelson v Garcia ([appeal No. 2] 152 AD2d 22 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Rath, J. — summary judgment.) Present — Callahan, J. P., Denman, Boomer, Balio and Lawton, JJ.
155 A.D.2d 974
Gardner v. Garcia
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1989
Appellate Division of the Supreme Court of the State of New York · decided 1989-11-15
Decided 1989-11-15