Order unanimously affirmed with costs. Same Opinion by Denman, P. J., as in Fruin-Colnon Corp. v Niagara Frontier Transp. Auth. (180 AD2d 222 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Mintz, J. — Settle Record.) Present — Denman, P. J., Boomer, Lawton, Fallon and Doerr, JJ.