Majority
p. 913Cecilia M. Fry, as Limited Administratrix of the Estate of Frank J. Lehman, Deceased, Respondent, v Town of Amherst et al., Appellants. (Appeal No. 2.)
—Order unanimously reversed, without costs and motion
p. 914
denied. Same memorandum as in Belinson v Sewer Dist. No. 16 of Town of Amherst, (65 AD2d 913). (Appeal from order of Erie Supreme Court—strike defense.) Present—Marsh, P. J., Simons, Hancock, Jr., Schnepp and Witmer, JJ.