—Cross appeal unanimously dismissed and judgment reversed on the law without costs, motion denied and first cause of action reinstated. Same Memorandum as in Romeo v Schmidt (229 AD2d 992 [decided herewith]). (Appeals from Judgment of Supreme Court, Onondaga County, Hurlbutt, J.—Summary Judgment.) Present—Green, J. P., Lawton, Wesley, Callahan and Boehm, JJ.