Mitchum v. Friend (270 A.D.2d 842, 2000)

—Order and judgment unanimously reversed on the law without costs, cross motion denied and complaint and cross claims reinstated. Same Memorandum as in Mitchum v Friend (270 AD2d 841 [decided herewith]). (Appeal from Order and Judgment of Supreme Court, Monroe County, Galloway, J. — Summary Judgment.) Present — Green, J. P., Hayes, Hurlbutt and Lawton, JJ.