¶1— Order unanimously reversed and motion denied, with costs to plaintiff. Same memorandum as in Herman v Wesgate (Appeal No. 1) (94 AD2d 938). (Appeals from order of Supreme Court, Monroe County, Siracuse, J. — summary judgment.) Present — Dillon, P. J., Hancock, Jr., Callahan, Denman and Green, JJ.
94 A.D.2d 939
Herman v. Wesgate
Appellate Division of the Supreme Court of the State of New York
Decided May 25, 1983
Appellate Division of the Supreme Court of the State of New York · decided 1983-05-25
Decided 1983-05-25