Spano v. Meli

Order unanimously modified on the law and as modified affirmed without costs, in accordance with same Memorandum as in Spano v Meli ([appeal No. 1] 170 AD2d 976 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Joslin, J.—Summary Judgment.) Present —Callahan, J. P., Denman, Balio, Lawton and Davis, JJ.