Majority
p. 930Harriet Luthart, as Executrix of Bernard J. Luthart, Deceased, Respondent, v Sadegh Danesh et al., Defendants, and Abdul L. Rathor, Appellant. (Appeal No. 1.) [609 NYS2d 887]
Order unanimously affirmed with costs. Same Memorandum as in Luthart v Danesh ([appeal No. 2] 201 AD2d 930 [decided herewith]). (Appeal from Order of Supreme Court, Gene-see County, Gossel, J. — Summary Judgment.) Present — Den-man, P. J., Green, Balio, Lawton and Boehm, JJ.