Opinion
December 17, 1976
Appeal from the Herkimer Supreme Court.
Present — Marsh, P.J., Cardamone, Mahoney, Dillon and Goldman, JJ.
Judgment unanimously affirmed, without costs, and motion to dismiss defendant Kramer's cross appeal dismissed as moot. Same memorandum as in Mobil Oil Corp. v Fraser ( 55 A.D.2d 824).