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—Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Leo v Artco Contr. (266 AD2d 808 [decided herewith]). (Appeals from Order of Supreme Court, Niagara County, Joslin, J.— Summary Judgment.) Present — Pine, J. P., Hayes, Wisner, Scudder and Balio, JJ.