—Order unanimously affirmed without costs for reasons stated in decision at Supreme Court, O’Donnell, J. (Appeal from Order of Supreme Court, Erie County, O’Donnell, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Green, Pine, Hayes and Hurl-butt, JJ.
Jonathan R. Ketterer, Respondent, v. Lake Heights Apartments, L.P., et al., Appellants
270 A.D.2d 910706 N.Y.S.2d 659
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