Rook v. 60 Key Centre, Inc. (239 A.D.2d 928, 1997)

Order unanimously reversed on the law with costs and motion granted. Same Memorandum as in Rook v 60 Key Centre (239 AD2d 926 [decided herewith]). (Appeals from Order of Supreme Court, Erie County, Whelan, J.—Preclusion.) Present—Denman, P. J., Green, Balio, Boehm and Fallon, JJ.