¶1Order unanimously affirmed without costs. Same memorandum as in Marsh v Phillips ([appeal No. 1] 167 AD2d 905 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Fudeman, J.—summary judgment.) Present—Dillon, P. J., Denman, Pine, Lawton and Davis, JJ.
167 A.D.2d 906
Marsh v. Phillips
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1990
Appellate Division of the Supreme Court of the State of New York · decided 1990-11-16
Decided 1990-11-16