DiVirgilio v. Southtowns Industries, Inc. , 625 N.Y.S.2d 956 ( 1995 )

—Order unanimously affirmed without costs. Same Memorandum as in Cottonaro v Southtowns Indus, ([appeal No. 1] 213 AD2d 993 [decided herewith]). (Appeal from Order of Supreme Court, Niagara County, Cosgrove, J.—Summary Judgment.) Present —Denman, P. J., Fallon, Balio and Boehm, JJ.