Opinion
December 30, 1996.
Present — Green, J.P., Pine, Lawton, Doerr and Boehm, JJ.
Appeal from order insofar as it granted motion of defendant Titan Industries and cross appeal unanimously dismissed ( see, Hughes v Nussbaumer, Clarke Velzy, 140 AD2d 988; see also, CPLR 5501 [a] [1]) and order affirmed without costs. (Appeals from Order of Supreme Court, Onondaga County, Tormey, III, J. — Summary Judgment.)