Appellate Division of the Supreme Court of the State of New York December 22, 1995, Appeal No. 2 (Erb v. Barden & Robeson Corp.)

—Appeal unanimously dismissed without costs (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984). (Appeal from Order of Supreme Court, Ontario County, Harvey, J.— Reargument.) Present — Denman, P. J., Green, Wesley, Balio and Boehm, JJ.