Maloney v. Stone , 601 N.Y.S.2d 883 ( 1993 )

Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Maloney v Stone (195 AD2d 1065 [decided herewith]). (Appeals from Order of Supreme Court, Monroe County, Siracuse, J.—Summary Judgment.) Present—Pine, J. P., Fallon, Boomer, Davis and Boehm, JJ.