Said v. Assaad , 736 N.Y.S.2d 285 ( 2001 )

Order reversed on the law without costs (see, Said v Assaad [appeal No. 3], 289 AD2d 924 [decided herewith]).

All concur except Hayes, J., who dissents in part in the same dissenting Memorandum as in Said v Assaad ([appeal No. 3] 289 AD2d 924, 930 [decided herewith]). (Appeal from Order of Supreme Court, Onondaga County, Major, J. — Joint and Several Liability.) Present — Pigott, Jr., P. J., Hayes, Wisner, Kehoe and Burns, JJ.