Benjamin v. Serous Cold Storage Co. , 149 A.D.2d 938 ( 1989 )

— Order unanimously reversed on the law without costs, motion granted and complaint dismissed, in accordance with same memorandum as in Benjamin v Sodus Cold Stor. Co. ([appeal No. 1] 149 AD2d 937). (Appeal from order of Supreme Court, Wayne County, Curran, J. — partial summary judgment.) Present—Callahan, J. P., Doerr, Boomer, Pine and Davis, JJ.