Majority
p. 1016Michael Noffer, Appellant, v Chemung Contracting Corporation, Respondent. [735 NYS2d 448]
Order unanimously affirmed without costs for reasons stated in decision at-Supreme Court, Kirk, J. (Appeal from Order of Supreme Court, Herkimer County, Kirk, J. — Summary Judgment.) Present— Green, J. P., Pine, Hurlbutt, Kehoe and Gorski, JJ.