Order and Judgment unanimously reversed on the law without costs, motion denied and complaint reinstated. Same memorandum as in Miller v Hilman Kelly Co. ([appeal No. 1] 177 AD2d 1036 [decided herewith]). (Appeal from Order and Judgment of Supreme Court, Chautauqua County, Adams, J.— Summary Judgment.) Present—Doerr, J. P., Denman, Green, Balio and Davis, JJ.