Opinion
June 27, 1968
Appeal from the Onondaga Trial Term.
Present — Bastow, P.J., Del Vecchio, Marsh, Witmer and Henry, JJ.
Order entered July 10, 1967 insofar as it dismissed the complaint as to defendant Russell unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Judgment entered June 13, 1967 unanimously affirmed, without costs. Same Memorandum as in Cantwell v. Russell ( 30 A.D.2d 767) decided concurrently herewith.