Presutti v. Suss ( 1998 )

Order unanimously affirmed with costs. Same Memorandum as in Presutti v Suss ([appeal No. 1] 254 AD2d 785 [decided herewith]). (Appeal from Order of Supreme Court, Monroe County, Polito, J. — Vacate Order.) Present — Pine, J. P., Lawton, Pigott, Jr., Callahan and Boehm, JJ.