ORDER
It is hereby ORDERED that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court, Erie County, Rath, Jr., J. (see Normile v. Allstate Ins. Co., 87 A.D.2d 721, affd 60 N.Y.2d 1003 for reasons stated below, mot to amend remittitur granted on other grounds 61 N.Y.2d 902, 906).