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Full opinion text

Order insofar as appealed from unanimously reversed on the law with costs and motion granted. Same Memorandum as in Smith v Smith (254 AD2d 788 [decided herewith]). (Appeal from Order of Supreme Court, Monroe County, Bergin, J. — Amend Pleading.) Present — Pine, J. P., Lawton, Pigott, Jr., Callahan and Boehm, JJ.