Lichtenthal v. Swormville Fire Co.

Order affirmed without costs. Same memorandum as in Lichtenthal v St. Mary’s Church ([appeal No. 2] 166 AD2d 873 [decided herewith]).

All concur, except Balio and Lawton, JJ., who dissent and vote to reverse in the same dissenting memorandum as in Lichtenthal v St. Mary’s Church, ([appeal No. 3] 166 AD2d 875 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Mintz, J.—summary judgment.) Present—Doerr, J. P., Boomer, Balio, Lawton and Davis, JJ.