Pares v. Laprade

—Order affirmed without costs. Same Memorandum as in Pares v LaPrade (266 AD2d 852 [decided herewith]).

All concur except Hurlbutt, J., who dissents and votes to reverse in the same dissenting Memorandum as in Pares v LaPrade (266 AD2d 852, 853 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Flaherty, J. — Set Aside Verdict.) Present — Green, J. P., Lawton, Hayes, Hurlbutt and Balio, JJ.