Order unanimously reversed, on the law, without costs, and motion denied. Same memorandum as in Foehner v Bauer ([appeal No. 1] 126 AD2d 941 [decided herewith]). (Appeal from order of Supreme Court, Wayne County, Patlow, J.—summary judgment.) Present—Callahan, J. P., Denman, Boomer, Green and Balio, JJ.