
    Robert Marsh, Respondent, v David Phillips et al., Appellants, et al., Defendants.
    (Appeal No. 2.)
   Order unanimously affirmed without costs. Same memorandum as in Marsh v Phillips ([appeal No. 1] 167 AD2d 905 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Fudeman, J.—summary judgment.) Present—Dillon, P. J., Denman, Pine, Lawton and Davis, JJ.  