Order modified on the law and as modified affirmed without costs, in accordance with same memorandum as in Oliver v. NAMCO Controls ([appeal No. 1] 161 A.D.2d 1188 [decided herewith]). All concur, except Doerr and Boomer, JJ., who dissent and vote to modify the order in the same dissenting memorandum as in Oliver v. NAMCO Controls ([appeal No. 1] 161 A.D.2d 1188, 1990 [decided herewith]).