Order unanimously affirmed without costs for reasons stated in decision at-Supreme Court, Kirk, J. (Appeal from Order of Supreme Court, Herkimer County, Kirk, J. — Summary Judgment.) Present— Green, J. P., Pine, Hurlbutt, Kehoe and Gorski, JJ.
Michael Noffer, Appellant, v. Chemung Contracting Corporation, Respondent
289 A.D.2d 1016735 N.Y.S.2d 448
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