Majority
p. 942Allstate Insurance Company, as Subrogee of Molly Hayden, Respondent, v Kimberle A. Ward et al., Defendants, and Town of Ellicottville, Appellant. (Appeal No. 2.) [724 NYS2d 378]
—Order unanimously reversed on the law without costs, motion granted and complaint against defendant Town of Ellicottville dismissed. Same Memorandum as in Hayden v Ward (— AD2d — [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Mahoney, J. — Summary Judg
p. 943
ment.) Present — Pigott, Jr., P. J., Pine, Hayes, Kehoe and Burns, JJ.