¶1—Order insofar as appealed from unanimously reversed on the law with costs, motion denied and complaint reinstated. Same Memorandum as in Pizzuto v Poss (198 AD2d 910 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Whelan, J. — Summary Judgment.) Present — Callahan, J. P., Green, Fallon, Boomer and Davis, JJ.
198 A.D.2d 910
Pizzuto v. Poss
Decided November 19, 1993
Decided 1993-11-19