Pchelka v. Loomis-Root, Inc. (210 A.D.2d 890, 1994)

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Pchelka v Loomis-Root, Inc. (210 AD2d 889 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Gorski, J. —Reargument.) Present—Green, J. P., Lawton, Fallon, Doerr and Davis, JJ.