Smith v. Monro Muffler Brake, Inc. (275 A.D.2d 1030, 2000)

—Order unanimously modified on the law and as modified affirmed without costs in accordance with same Memorandum as in Smith v Monro Muffler Brake (275 AD2d 1028 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Burns, J. — Settle Record.) Present — Green, J. P., Hayes, Hurl-butt and Kehoe, JJ.