Motyka v. Ogden Martin Systems of Onondaga Limited Partnership (272 A.D.2d 981, 2000)

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Motyka v Ogden Martin Sys. (272 AD2d 980 [decided herewith]). (Appeals from Order of Supreme Court, Onondaga County, Stone, J. — Summary Judgment.) Present — Green, J. P., Wisner, Hurlbutt, Kehoe and Lawton, JJ.