—Order and judgment unanimously reversed on the law without costs, cross motion denied and complaint and cross claims reinstated. Same Memorandum as in Mitchum v Friend (270 AD2d 841 [decided herewith]). (Appeal from Order and Judgment of Supreme Court, Monroe County, Galloway, J. — Summary Judgment.) Present — Green, J. P., Hayes, Hurlbutt and Lawton, JJ.
Betty Mitchum, Appellant, v. John M. Friend et al., Defendants, and David J. Cutitta, II, Respondent
270 A.D.2d 842706 N.Y.S.2d 662
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