Opinion
July 6, 1973
Appeal from the Chautauqua Trial Term.
Present — Del Vecchio, J.P., Marsh, Witmer, Simons and Henry, JJ.
Judgment and order unanimously reversed on the law and facts and new trial granted, with costs to abide the event. Same memorandum as in Freyer v. Gangi ( 42 A.D.2d 832) decided herewith.