D'Onofrio v. Boehlert

—Order unanimously reversed on the law without costs, *930motions denied and complaint reinstated. Same Memorandum as in D’Onofrio v Boehlert (221 AD2d 929 [decided herewith]). (Appeal from Order of Supreme Court, Oneida County, Tenney, J.—Summary Judgment.) Present—Denman, P. J., Law-ton, Fallon, Balio and Boehm, JJ.