
    Joseph J. Mitchell, as Administrator of the Estate of Tammy M. Mitchell-Baer, Deceased, Appellant, v Frank Wojciechowski, Respondent.
    (Appeal No. 2.)
    [638 NYS2d 571]
   —Order and judgment unanimously affirmed without costs. Same Memorandum as in Mitchell v Wojciechowski (224 AD2d 975 [decided herewith]). (Appeal from Order and Judgment of Supreme Court, Erie County, Griffith, J. — Set Aside Verdict.) Present — Denman, P. J., Lawton, Doerr, Balio and Boehm, JJ.  