Majority
p. 952Sandra M. Levin, Respondent, v Joseph L. Carbone, Individually and Doing Business as Rochester Foot Care Associates, Appellant. (Appeal No. 2.) [716 NYS2d 633]
—Order and judgment unanimously reversed on the law without costs {see, Levin v Carbone, 277 AD2d 951 [decided herewith]). (Appeal from Order and Judgment of Supreme Court, Monroe County, Polito, J. — Structured Judgment.) Present — Green, J. P., Pine, Hayes, Scudder and Lawton, JJ.