Majority
p. 953Welch Foods, Inc., Appellant-Respondent, v Ralph W. Wilson et al., Defendants, and Village of Westfield, Respondent-Appellant and Third-Party Plaintiff-Appellant. Mogen David Wine Corporation et al., Third-Party Defendants-Respondents. (Appeal No. 6.) [692 NYS2d 630]
—Order and judgment unanimously affirmed without costs. Same Memorandum as in Welch Foods v Wilson ([appeal No. 1] 262 AD2d 949 [decided herewith]). (Appeals from Order and Judgment of Supreme Court, Chautauqua County, Gerace, J. — Stay.) Present — Lawton, J. P., Hayes, Wisner, Hurlbutt and Scudder, JJ.