Order unanimously reversed on the law with costs and motion granted in accordance with same Memorandum as in Podhorecki v Lauer’s Furniture Stores (184 AD2d 1066 [decided herewith]). (Appeal from Order of Supreme Court, Monroe County, Curran, J. — Settle Record.) Present — Boomer, J. P., Balio, Lawton, Fallon and Doerr, JJ.