Appellate Division of the Supreme Court of the State of New York April 25, 1997, Appeal No. 2 (Pieri v. Forest City Enterprises, Inc.)

—Order unanimously affirmed without costs. Same Memorandum as in Pieri v Forest City Enters. (238 AD2d 911 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Notaro, J.—Summary Judgment.) Present—Pine, J. P., Lawton, Doerr, Balio and Boehm, JJ.