Majority
p. 862David W. Marshall et al., Respondents, v Michael J. Bergey et al., Appellants. [668 NYS2d 519]
Order unanimously affirmed with costs for reasons stated in decision at Supreme Court, Fahey, J. (Appeal from Order of Supreme Court, Niagara County, Fahey, J. — Summary Judgment.)
Present — Den-man, P. J., Lawton, Balio, Boehm and Fallon, JJ.