Majority
p. 623Clinton Buffalo Gardens, Inc., Appellant, v. John Orkisz, Defendant and Third-Party Plaintiff-Respondent. Village of Depew, Third-Party Defendant-Respondent.
Order unanimously affirmed, without costs of this appeal to any party. (Appeal from order of Erie Special Term denying plaintiff’s motion to sever the erosselaim of defendant Orkisz against the Village of Depew and denying plaintiff’s motion for summary judgment against defendant Orkisz.) Present —Williams, P. J., Bastow, Goldman, Halpern and McClusky, JJ.