
    Dodd Kleinschmidt, Appellant, v Bruce Thompson, Doing Business as The Rusty Nail, Respondent.
    [616 NYS2d 265]
   —Appeal from an order of the Supreme Court (Ryan, Jr., J.), entered September 8, 1993 in Clinton County, which granted defendant’s motion for summary judgment dismissing the complaint.

Order affirmed, upon the opinion of Justice Andrew W. Ryan, Jr.

Mikoll, J. P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the order is affirmed, with costs.  