Appellate Division of the Supreme Court of the State of New York March 29, 2000 (Ackerman v. Bechhoefer)

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In an earlier appeal, we affirmed an order denying defendant’s motion for summary judgment (McMichaels v Bechhoefer, 214 AD2d 950).