Order and judgment unanimously affirmed without costs. Same memorandum as in Jackson v Corgan & Balestiere *963([appeal No. 1] 132 AD2d 960 [decided herewith]). (Appeal from order and judgment of Supreme Court, Monroe County, Davis, J.—dismiss complaint.) Present—Dillon, P. J., Callahan, Den-man, Balio and Lawton, JJ.