Majority
p. 1032Darlene B. Ruiz, as Administratrix of the Estate of Marciano Ruiz, Jr., Deceased, Appellant, v 8600 Roll Road, Inc., et al., Defendants, and Dolomite Construction Co., Inc., Respondent. (Appeal No. 2.)
— Order unanimously modified on the law and as modified affirmed without costs in accordance with same Memorandum as in Ruiz v 8600 Roll Rd. ( 190 AD2d 1030 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Joslin, J. — Summary Judgment.) Present— Boomer, J. P., Pine, Lawton, Boehm and Fallon, JJ.)