Majority
p. 1050Edward Warren, Appellant, v Jerry Noack, Doing Business as Noack’s Ark Works, Respondent. (Appeal No. 2.)
p. 1051[625 NYS2d 962]
—Order unanimously affirmed with costs (see, Matter of Wilhelm, 63 AD2d 1120 ). (Appeal from Order of Supreme Court, Erie County, Whelan, J.—Settle Record on Appeal.) Present—Pine, J. P., Fallon, Wesley, Balio and Boehm, JJ.