Majority
p. 913James Beatty, Respondent, v Lamont Williams, Appellant, et al., Defendants. (Appeal No. 3.) [643 NYS2d 458]
Order unanimously reversed on the law without costs and cross motion granted in accordance with the same Memorandum as in Beatty v Williams ([appeal No. 1], 227 AD2d 912 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Glownia, J. — Post Security.) Present — Pine, J. P., Wesley, Callahan, Doerr and Boehm, JJ.