— Order unanimously reversed on the law without costs and defendant’s motion denied. Same memorandum as in LaForge v All Am. Car Rental ([appeal No. 1] 155 AD2d 873 [decided herewith]). (Appeal from order of Supreme Court, Onondaga County, Miller, J. — summary judgment.) *874Present — Callahan, J. P., Denman, Pine, Balio and Lawton, JJ.