
    Fourth Department,
    February, 1973
    (February 16, 1973)
    Reginald A. Bates, Respondent, v. Joseph A. Garofalo, Appellant. Reginald A. Bates, Respondent, v. J. J. Garo Corp., Appellant.
    (Appeal No. 1.)
   Appeal unanimously dismissed, without costs, as academic in view of decision in Pates v. Garofalo, 41 A D 2d 703, decided herewith. (Appeal from order on Onondaga Special Term denying motion to dismiss second cause of action in negligence action.) Present — Goldman, P. J., Del Veechio, Witmer, Cardamone and Simons, JJ.  