It is hereby ordered that the order so appealed from is affirmed without costs.
Same memorandum as in Williams v Philips Med. Sys. (Cleveland), Inc. ([appeal No. 1]
All concur except Smith and Scudder, JJ., who dissent and vote to reverse in accordance with the same dissenting memorandum as in Williams v Philips Med. Sys. (Cleveland), Inc. ([appeal No. 1]
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