
    Richard Foster et al., Respondents-Appellants, v Alan Spevack, Individually and as Trustee of Stateway Plaza Shopping Centre, a Joint Venture, et al., Appellants-Respondents and Fred Tontarski et al., Respondents.
    (Appeal No. 2.)
    [605 NYS2d 994]
   —Order unanimously modified on the law and as modified affirmed without costs. Same Memorandum as in Foster v Spevack (198 AD2d 892 [decided herewith]). (Appeals from Order of Supreme Court, Jefferson County, Gilbert, J.— Dismiss Complaint.) Present — Callahan, J. P., Green, Balio, Fallon and Boehm, JJ.  