Spiegel v. Gnadzinski

— Appeal dismissed as moot without costs. Same memorandum as in Spiegel v Gnadzinski ([appeal No. 1] 155 AD2d 899 [decided herewith]).

All concur, except Boomer and Lawton, JJ., who dissent and vote to affirm, in same dissenting memorandum as in Spiegel v Gnadzinski (supra). (Appeal from order of Supreme Court, Chautauqua County, Ricotta, J. — summary judgment.) Present —Callahan, J. P., Boomer, Pine, Lawton and Davis, JJ.