Mitchum v. Friend

—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.