
    Betty Mitchum, Appellant, v John M. Friend et al., Defendants, and David J. Cutitta, II, Respondent.
    (Appeal No. 2.)
    [706 NYS2d 662]
   —Order and judgment unanimously reversed on the law without costs, cross motion denied and complaint and cross claims reinstated. Same Memorandum as in Mitchum v Friend (270 AD2d 841 [decided herewith]). (Appeal from Order and Judgment of Supreme Court, Monroe County, Galloway, J. — Summary Judgment.) Present — Green, J. P., Hayes, Hurlbutt and Lawton, JJ.  