Opinion
July 14, 1992
Appeal from the Supreme court, Livingston County, Houston, J.
Present — Denman, P.J., Pine, Balio, Lawton and Doerr, JJ.
Judgment affirmed without costs.
All concur, except Denman, P.J., who dissents in part and votes to modify in the same dissenting Memorandum as in Skyview Metals v. Aluminum Mill Supply Corp. ( 185 A.D.2d 668 [decided herewith]).