Opinion
July 12, 1996
Appeal from the Supreme Court, Onondaga County, Hurlbutt, J.
Present — Green, J.P., Lawton, Wesley, Callahan and Boehm, JJ.
Cross appeal unanimously dismissed and judgment reversed on the law without costs, motion denied and first cause of action reinstated. Same Memorandum as in Romeo v. Schmidt ( 229 A.D.2d 992 [decided herewith]).