Appellate Division of the Supreme Court of the State of New York November 15, 1995, Appeal No. 2 (Hitchings v. Dixon)

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Hitchings v Village of Sylvan Beach (221 AD2d 926 [decided herewith]). (Appeal from Order of Supreme Court, Oneida County, Grow, J.—Summary Judgment.) Present—Denman, P. J., Lawton, Fallon, Balio and Boehm, JJ.