Rinker v. Oberoi , 732 N.Y.S.2d 189 ( 2001 )

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Rinker v Oberoi (288 AD2d 873 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Mintz, J. — Stay.) Present — Green, J. P., Hayes, Wisner, Scudder and Kehoe, JJ.