Majority
p. 910Barbara A. Pizzuto, Appellant, v Steven B. Poss, as Administrator of the Estate of Bernice L. Poss, Deceased, et al., Defendants, and Town of Amherst, Respondent. (Appeal No. 2.) [605 NYS2d 988]
—Order insofar as appealed from unanimously reversed on the law with costs, motion denied and complaint reinstated. Same Memorandum as in Pizzuto v Poss (198 AD2d 910 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Whelan, J. — Summary Judgment.) Present — Callahan, J. P., Green, Fallon, Boomer and Davis, JJ.