Majority
p. 939James McGowan, Appellant, v John Dieckman, Respondent. [726 NYS2d 324]
—Order unanimously affirmed without costs for reasons stated in decision at Supreme Court, Fahey, J. (Appeal from Order of Supreme Court, Erie County, Fahey, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Hayes, Wisner, Scudder and Lawton, JJ.