Majority
p. 539William H. McCabe, Respondent, v County of Monroe, Defendant, and Township of Mendon, Appellant. (Appeal No. 2.)
— Order unanimously reversed on the law without costs and defendant Township of Mention’s motion granted. Same memorandum as in McCabe v County of Monroe ([appeal No. 1] 133
p. 540
AD2d 539 [decided herewith]). (Appeal from order of Supreme Court, Monroe County, Bergin, J.—summary judgment.) Present—Dillon, P. J., Denman, Balio, Lawton and Davis, JJ.