Majority
p. 1013William M. Dillemuth, Jr., Individually and as Administrator of the Estate of William M. Dillemuth, Deceased, Respondent, v City of Tonawanda et al., Appellants. (Appeal No. 2.) [635 NYS2d 553]
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Carlson v City of Tonawanda 221 AD2d 1011 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Glownia, J.—Summary Judgment.) Present—Pine, J. P., Lawton, Wesley, Davis and Boehm, JJ.