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Full opinion text

Judgment unanimously, affirmed without costs. Same memorandum as in 487 Elmwood v Hassett ([appeal No. 1] 161 AD2d 1170 [decided herewith]). (Appeal from judgment of Supreme Court, Erie County, Dillon, J. —partial eviction.) Present—Callahan, J. P., Doerr, Boomer, Green and Davis, JJ.