Tavernier v. Toner , 155 A.D.2d 949 ( 1989 )

Appeal unanimously dismissed as academic without costs. Same memorandum as in Tavernier v Toner ([appeal No. 1] 155 AD2d 948 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Joslin, J. — -dismiss complaint.) Present— Callahan, J. P., Denman, Green, Pine and Lawton, JJ.