Order affirmed without costs. Same Memorandum as in Pares v. LaPrade ([appeal No. 2] 266 A.D.2d 852 [decided herewith]).
All concur except Hurlbutt, J., who dissents and votes to reverse in the same dissenting Memorandum as in Pares v. LaPrade ([appeal No. 2] 266 A.D.2d 852, 853 [decided herewith]).