Majority
p. 896Welch Foods, Inc., Respondent, v Ralph W. Wilson et al., Defendants, and Village of Westfield, Appellant and Third-Party Plaintiff-Appellant. Mogen David Wine Corporation et al., Third-Party Defendants-Respondents. [668 NYS2d 528]
Order unanimously reversed on the law without costs and awards of attorneys’ fees and costs vacated. Same Memorandum as in Welch Foods v Wilson ( 247 AD2d 830 [decided herewith]). (Appeal from Order of Supreme Court, Chautauqua County, Gerace, J. — Counsel Fees.)
Present — Denman, P. J., Green, Hayes, Balio and Fallon, JJ.