Opinion
January 18, 1973
Appeal from the Onondaga Trial Term.
Present — Goldman, P.J. Marsh, Moule, Cardamone and Henry, JJ.
Judgment unanimously reversed, on the law and facts, and a new trial granted, with costs to abide the event. Same memorandum as in Buckeye Pipeline Co. v. Congel-Hazard ( 41 A.D.2d 590) decided herewith.