Opinion
December 30, 1996.
Present — Green, J.P., Pine, Doerr and Boehm, JJ.
Appeal from order insofar as it denied reargument unanimously dismissed ( see, Empire Ins. Co. v Food City, 167 AD2d 983, 984) and order reversed on the law without costs, motion denied and amended complaint against defendant Robert J. Lindsey reinstated. Same Memorandum as in DiFlorio v Van Slyke ( 234 AD2d 961 [decided here-with]). (Appeal from Order of Supreme Court, Onondaga County, Tormey, III, J. — Summar y Judgment.)