Pomilio v. Crosson , 608 N.Y.S.2d 912 ( 1993 )

Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with same Memorandum as in Barth v Crosson (199 AD2d 1050 [decided herewith]). (Appeal from Judgment of Supreme Court, Oneida County, Tenney, J.— Summary Judgment.) Present—Callahan, J. P., Green, Fallon and Davis, JJ.