Majority
p. 952Welch Foods, Inc., Appellant, v Ralph W. Wilson et al., Defendants, and Village of Westfield, Respondent and Third-Party Plaintiff. Mogen David Wine Corporation et al., Third-Party Defendants-Respondents. (Appeal No. 2.) [692 NYS2d 628]
—Order unanimously affirmed without costs. Same Memorandum as in Welch Foods v Wilson ([appeal No. 1] 262 AD2d 949 [decided herewith]). (Appeal from Order of Supreme Court, Chautauqua County, Gerace, J. — Dismiss Claims.) Present— Lawton, J. P., Hayes, Wisner, Hurlbutt and Scudder, JJ.