Opinion
November 12, 1976
Appeal from the Monroe Supreme Court.
Present — Marsh, P.J., Mahoney, Dillon, Goldman and Witmer, JJ.
Judgment unanimously reversed on the law and facts and a new trial granted with costs to abide the event. Same memorandum as in Molinari v Conforti Eisele, Inc. ( 54 A.D.2d 1113).