Majority
p. 960Marjoye Tarapczynski, Respondent, v Donna Nesbit, Defendant, Delroy Stutzman, Jr., Respondent, and Nancy Ahrens, Appellant. [722 NYS2d 444]
Order unanimously affirmed with costs for the reasons stated in decision at Supreme Court, Kane, J. (Appeal from Order of Supreme Court, Erie County, Kane, J. — Summary Judgment.) Present — Pine, J. P., Hayes, Hurlbutt, Scudder and Lawton, JJ.