Frank v. Meadowlakes Development Corp. , 683 N.Y.S.2d 448 ( 1998 )

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Frank v Meadowlakes Dev. Corp. (256 AD2d 1141 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Michalek, J. — Summary Judgment.) Present— Denman, P. J., Hayes, Balio, Boehm and Fallon, JJ.