—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 AD2d 992 [decided herewith]). (Appeals from Judgment of Supreme Court, Onondaga County, Hurlbutt, J.—Summary Judgment.) Present—Green, J. P., Lawton, Wesley, Callahan and Boehm, JJ.
Robert D. Romeo, Respondent-Appellant, et al., Plaintiff, v. Leonard F. Schmidt et al., Appellants-Respondents, et al., Defendants
229 A.D.2d 994646 N.Y.S.2d 485
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