Opinion
December 16, 1983
Appeal from the Supreme Court, Erie County, Ricotta, J.
Present — Hancock, Jr., J.P., Callahan, Boomer, Green and Schnepp, JJ.
Order unanimously modified and, as modified, affirmed, without costs, in accordance with same memorandum as in Dwyer v. Citizens United Bank (appeal No. 1) ( 98 A.D.2d 954).