Jarzabek v. Tucci , 155 A.D.2d 907 ( 1989 )

— Order unanimously affirmed without costs. Same memorandum as in Jarzabek v Tucci ([appeal No. 2] 155 AD2d 908 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Mintz, J. — transfer to City Court.) Present — Dillon, P. J., Callahan, Boomer, Lawton and Davis, JJ.