Majority
p. 899Marie Tripepi, Respondent, v Richard Owens, Appellant. [ 706 NYS2d 922 ]
—Judgment unanimously affirmed with costs for reasons stated in decision at Supreme Court, Kirk, J. (Appeal from Judgment of Supreme Court, Herkimer County, Kirk, J. — Contract.) Present — Pigott, Jr., P. J., Hayes, Hurl-butt, Scudder and Kehoe, JJ.