—Order unanimously affirmed without costs. Same Memorandum as in Robert D. O’Connell, P. C. v Schlegel Corp. ([appeal No. 1] 174 AD2d 1024 [decided herewith]). (Appeals from Order of Supreme Court, Monroe County, Boehm, J.—Amend Reply.) Present—Dillon, P. J., Doerr, Balio, Lawton and Davis, JJ.