Order unanimously affirmed with costs (see, Herman v Wesgate, 94 AD2d 938). (Appeal from order of Supreme Court, Erie County, Rath, J.—summary judgment.) Present—Doerr, J. P., Green, Pine, Balio and Davis, JJ.
Order unanimously affirmed with costs (see, Herman v Wesgate, 94 AD2d 938). (Appeal from order of Supreme Court, Erie County, Rath, J.—summary judgment.) Present—Doerr, J. P., Green, Pine, Balio and Davis, JJ.