Opinion
July 10, 1980
Appeal from the Monroe Supreme Court.
Present — Cardamone, J.P., Simons, Hancock, Jr., Callahan and Moule, JJ.
Order affirmed, without costs. All concur, except Hancock, Jr., J., who dissents and votes to reverse the order and grant the motion, in the same memorandum as in Thompson v. Johns ( 77 A.D.2d 805).