Majority
p. 951James Metz, as Executor of Artel Metz, Deceased, et al., Respondents, v Town of Elma et al., Appellants. [649 NYS2d 885]
Judgment unanimously affirmed with costs for reasons stated in decision at Supreme Court, Kane, J. (Appeal from Judgment of Supreme Court, Erie County, Kane, J.—Declaratory Judgment.) Present—Green, J. P., Lawton, Callahan, Do-err and Boehm, JJ.