O'Rourk v. Berner (249 A.D.2d 977, 1998)

—Order insofar as appealed from unanimously reversed on the law without costs and award of prejudgment interest vacated. Same Memorandum as in O’Rourk v Berner ([appeal No. 1] 249 AD2d 975 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Whelan, J. — Interest.) Present — Denman, P. J., Pine, Wisner, Callahan and Fallon, JJ.