Wilkinson v. Hoelscher

Appeal from order insofar as it denied reargument unanimously dismissed without costs (see, Empire Ins. Co. v Food City, 167 AD2d 983) and otherwise order modified on the law and as modified affirmed *667in accordance with same Memorandum as in Wilkinson v Hoelscher (185 AD2d 665 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Joslin, J.—Renewal.) Present—Denman, P. J., Pine, Balio, Lawton and Doerr, JJ.