DiFlorio v. Van Slyke

—Appeal from order insofar as it denied reargument unanimously dismissed (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984) and order reversed on the law without costs, motion denied and amended complaint against defendant Robert J. Lindsey reinstated. Same Memorandum as in DiFlorio v Van Slyke (234 AD2d 961 [decided herewith]). (Appeal from Order of Supreme Court, Onondaga County, Tormey, III, J.—Summary Judgment.) Present— Green, J. P., Pine, Doerr and Boehm, JJ.