Cox v. LaBarge Bros. Co.

Order unanimously affirmed with costs. Same memorandum as in Cox v LaBarge Bros. Co. ([appeal No. 2] 154 AD2d 947 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Flaherty, J. — partial summary judgment.) Present — Denman, J. P., Boomer, Balio, Lawton and Davis, JJ.