Opinion
October 2, 1998
Appeal from the Supreme Court, Chautauqua County, Gerace, J. — Summary Judgment.
Present — Pine, J. P., Hayes, Wisner, Balio and Boehm, JJ.
Order unanimously reversed on the law without costs, motion granted and complaint and cross claims against defendants Michael K. Smith and Safety Kleen Corp. dismissed. Same Memorandum as in Bush v. Blankenheim ([appeal No. 1] 254 A.D.2d 736 [decided herewith]).