— Order unanimously affirmed with costs (see, Matter of Pigott Constr. Inti, v Rochester Inst, of Technology, 84 AD2d 679). (Appeal from order of Supreme Court, Erie County, McGowan, J. — dismiss action.)
Present — Denman, J. P., Green, Pine, Balio and Lawton, JJ. [See, 136 Misc 2d 176.]