
    Mary Presutti, as Administratrix of the Estate of Santo D. Lanovara, Deceased, Respondent, v David Suss, Appellant, et al., Defendant.
    (Appeal No. 3.)
    [678 NYS2d 756]
   Order unanimously affirmed with costs. Same Memorandum as in Presutti v Suss ([appeal No. 1] 254 AD2d 785 [decidedherewith]). (Appeal from Order of Supreme Court, Monroe County, Bergin, J. — Vacate Order.) Present — Pine, J. P., Lawton, Pigott, Jr., Callahan and Boehm, JJ.  