¶1— Order unanimously reversed on the law without costs, motion granted and complaint dismissed, in accordance with same memorandum as in Benjamin v Sodus Cold Stor. Co. ([appeal No. 1] 149 AD2d 937). (Appeal from order of Supreme Court, Wayne County, Curran, *939J. — partial summary judgment.) Present—Callahan, J. P., Doerr, Boomer, Pine and Davis, JJ.
149 A.D.2d 938
Benjamin v. Serous Cold Storage Co.
Appellate Division of the Supreme Court of the State of New York
Decided April 14, 1989
Appellate Division of the Supreme Court of the State of New York · decided 1989-04-14
Decided 1989-04-14