Majority
p. 1037Michael J. Miller, Appellant, v Hilman Kelly Company and/or its Successor in Interest, Bassh & Ross, a Division of Martin Decker Company, a Division of Cooper Industries, et al., Defendants, and B.J. Machinery, a Division of Baker Hughes Company, et al., Respondents. (Appeal No. 2.)
Order and Judgment unanimously reversed on the law without costs, motion denied and complaint reinstated. Same memorandum as in Miller v Hilman Kelly Co. ([appeal No. 1] 177 AD2d 1036 [decided herewith]). (Appeal from Order and Judgment of Supreme Court, Chautauqua County, Adams, J.— Summary Judgment.) Present—Doerr, J. P., Denman, Green, Balio and Davis, JJ.