Majority
p. 1044Mark Rappold et al., Individually and as Legal Co-Guardians of David Rappold, Respondents, v Snorac, Inc., Doing Business as Enterprise Rent-A-Car, Appellant, and Laurence A. Trembling et al., Respondents. (Appeal No. 6.) [735 NYS2d 458]
Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Rappold v Snorac, Inc. ([appeal No. 7] 289 AD2d 1044 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Burns, J. — CPLR art 50-B.) Present — Pigott, Jr., P. J., Wisner, Scudder, Kehoe and Law-ton, JJ.