Appellate Division of the Supreme Court of the State of New York July 3, 1997, Appeal No. 2 (Kruse v. Hilman Kelly Co.)

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