Majority
p. 1028MDS Health Group, Inc., Formerly Known as CMX Laboratories, Inc., Appellant, v Robert Carmichael, Respondent. [636 NYS2d 692]
—Order unanimously affirmed without costs for reasons stated in decisions at Supreme Court, Rath, Jr., J. (Appeal from Order of Supreme Court, Erie County, Rath, Jr., J. — Summary Judgment.) Present — Green, J. P., Pine, Wesley, Balio and Boehm, JJ.