—Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in *952accordance with same Memorandum as in Burdick v Bratt (203 AD2d 950 [decided herewith]). (Appeal from Judgment of Supreme Court, Oswego County, Nicholson, J. — Negligence.) Present — Denman, P. J., Green, Fallon, Callahan and Doerr, JJ.