
    Royal H. Nickerson, Respondent, v Ernest Te Winkle, Defendant, and Envirogas, Inc., Appellant.
    (Appeal No. 2.)
   Appeal unanimously dismissed without costs as academic. Same memorandum as in Nickerson v Te Winkle ([appeal No. 1] 161 AD2d 1123 [decided herewith]). (Appeal from order of Supreme Court, Chautauqua County, Ricotta, J.—set aside verdict.) Present—Dillon, P. J., Doerr, Green, Lawton and Lowery, JJ.  