Davis Auction House, Inc. v. Ontario National Bank ( 1994 )

—Order and judgment unanimously reversed on the law without costs and third-party complaint dismissed. Same Memorandum as in Davis Auction House v Ontario Natl. Bank ([appeal No. 1] 201 AD2d 878 [decided herewith]). (Appeal from Order and Judgment of Supreme Court, Ontario County, Harvey, J. — Alteration of Commercial Instrument.) Present — Denman, P. J., Green, Balio, Lawton and Boehm, JJ.