Majority
p. 980Julian E. Carter, Also Known as Ed Carter, Appellant, v Jan Maloff, Individually and Doing Business as Dewitt Memorial Funeral Home, et al., Respondents. (Appeal No. 2.) [673 NYS2d 347]
—Order unanimously reversed on the law without costs, motions and application denied and complaint reinstated. Same Memorandum as in Carter v Maloff ( 251 AD2d 979 [decided herewith]). (Appeal from Order of Supreme Court, Onondaga County, Tormey, III, J. — Preclusion.) Present— Green, J. P., Lawton, Pigott, Jr., and Balio, JJ.