— Judgment unanimously affirmed without costs. Same Memorandum as in Perez v Rousseau ([appeal No. 1] 190 AD2d 1040 [decided herewith]). (Appeal from Judgment of Supreme Court, Niagara County, Joslin, J. — Negligence.) Present — Denman, P. J., Pine, Balio, Fallon and Davis, JJ.