Citations

Full opinion text

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Dimovich v Talev (248 AD2d 951 [decided herewith]). (Appeal from Order of Supreme Court, Onondaga County, Tormey, III, J.— Settle Record.)

Present — Green, J. P., Hayes, Callahan, Balio and Fallon, JJ.