Welch Foods, Inc. v. Wilson (262 A.D.2d 952, 1999)

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Welch Foods v Wilson ([appeal No. 1] 262 AD2d 949 [decided herewith]). (Appeals from Order of Supreme Court, Chautauqua County, Gerace, J. — Reargument.) Present — Lawton, J. P., Hayes, Wisner, Hurlbutt and Scudder, JJ.