Middleton v. John Luther & Son (237 A.D.2d 954, 1997)

Order unanimously vacated without costs. Same Memorandum as in Middleton v Luther & Son (237 AD2d 953 [decided herewith]). (Appeals from Order of Supreme Court, Onondaga County, Major, J.— Discovery.) Present—Green, J. P., Doerr, Boehm and Fallon, JJ.