—Appeal unanimously dismissed without costs (see, Loafin’ Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985). (Appeal from Order of Supreme Court, Erie County, Gorski, J. — Summary Judgment.) Present —Callahan, J. P., Doerr, Boomer and Boehm, JJ.
—Appeal unanimously dismissed without costs (see, Loafin’ Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985). (Appeal from Order of Supreme Court, Erie County, Gorski, J. — Summary Judgment.) Present —Callahan, J. P., Doerr, Boomer and Boehm, JJ.