Romeo v. Schmidt (229 A.D.2d 994, 1996)

—Cross appeal unanimously dismissed and judgment reversed on the law without costs, motion denied and first cause of action reinstated. Same Memorandum as in Romeo v Schmidt (229 AD2d 992 [decided herewith]). (Appeals from Judgment of Supreme Court, Onondaga County, Hurlbutt, J.—Summary Judgment.) Present—Green, J. P., Lawton, Wesley, Callahan and Boehm, JJ.