Majority
p. 1001Louise Gaskin, Individually and as Administratrix of the Estate of Brigette N. Gaskin, Deceased, Appellant, v Arthur J. Foster et al., Defendants, and Joseph A. Leszczynski et al., Respondents. [630 NYS2d 958]
Order unanimously reversed on the law without costs and motion denied in accordance with the same Memorandum as in Kindzierski v Foster ( 217 AD2d 998 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Mintz, J.—Summary Judgment.) Present—Lawton, J. P., Wesley, Davis and Boehm, JJ.