Nelson v. Garcia , 155 A.D.2d 974 ( 1989 )

— Order 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., Den-man, Boomer, Balio and Lawton, JJ.