Majority
p. 797Rochester Community Savings Bank, Appellant, v Fred C. Smith, Jr., Respondent. [605 NYS2d 1015]
—Order unanimously affirmed without costs for reasons stated in decision at Supreme Court, Galloway, J. (Appeal from Order of Supreme Court, Monroe County, Galloway, J. — Set Aside Judgment.) Present — Callahan, J. P., Green, Fallon, Boomer and Davis, JJ.