Kennedy v. Henry Holland, Inc.

— Order unanimously modified on the law and as modified affirmed without costs. Same memorandum as in Kennedy v Henry Holland, Inc. ([appeal No. 1] 145 AD2d 964 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Ricotta, J. —dismiss complaint.) Present — Doerr, J. P., Denman, Balio, Lawton and Davis, JJ.