Majority
p. 1026Carol M. Schaus, as Administratrix of the Estate of John K. Schaus, Deceased, Respondent, v Marine Midland Bank, Appellant, et al., Defendant. [715 NYS2d 678]
—Order unanimously affirmed without costs for reasons stated at Supreme Court, Whelan, J. (Appeal from Order of Supreme Court, Erie County, Whelan, J. — Summary Judgment.) Present — Green, J. P., Hurlbutt, Scudder and Balio, JJ.