Opinion
October 1, 1999
Appeal from Order of Supreme Court, Herkimer County, Kirk, J. — Reargument.
Order unanimously reversed on the law without costs, motion denied and order reinstated in part in accordance with the same Memorandum as in Lynch v. Williams ([appeal No. 1] 265 A.D.2d 870 [decided herewith]).
PRESENT: DENMAN, P. J., GREEN, HAYES, PIGOTT, JR., AND SCUDDER, JJ.