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—Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Cottonaro v Southtowns Indus, ([appeal No. 1] 213 AD2d 993 [decided herewith]). (Appeals from Order of Supreme Court, Erie County, Cosgrove, J.—Summary Judgment.) Present—Denman, P. J., Fallon, Balio and Boehm, JJ.