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Full opinion text

Order unanimously reversed on the law without costs and cross motion granted in accordance with the same Memorandum as in Beatty v Williams ([appeal No. 1], 227 AD2d 912 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Glownia, J. — Post Security.) Present — Pine, J. P., Wesley, Callahan, Doerr and Boehm, JJ.