Appellate Division of the Supreme Court of the State of New York May 30, 1997, Appeal No. 2 (Cook v. Parish Land Co.)

Order unanimously affirmed without costs. Same Memorandum as in Cook v Parish Land Co. (239 AD2d 956 [decided herewith]). (Appeal from Order of Supreme Court, Jefferson County, Gilbert, J.—Summary Judgment.) Present—Denman, P. J., Green, Doerr, Balio and Fallon, JJ.