Michaels v. Hartzell

Order, insofar as it granted defendants’ motion, reversed and motion denied, without costs, and, otherwise, appeal dismissed as academic, in view of the decision in Michaels v Hartzell [Appeal No. 3] (85 AD2d 901). All concur, Schnepp, J., not participating. (Appeal from order of Monroe Supreme Court, Provenzano, J. — partial summary judgment.) Present — Hancock, Jr., J. P., Callahan, Doerr, Moule and Schnepp, JJ.