
    Philip S. Smith et al., Appellants, v Monro Muffler Brake, Inc., Respondent.
    (Appeal No. 2.)
    [714 NYS2d 248]
   —Order unanimously modified on the law and as modified affirmed without costs in accordance with same Memorandum as in Smith v Monro Muffler Brake (275 AD2d 1028 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Burns, J. — Settle Record.) Present — Green, J. P., Hayes, Hurl-butt and Kehoe, JJ.  