Sloniger v. Niagara Mohawk Power Corp.

—Appeal from a judgment of Supreme Court, Niagara County (Fricano, J.), entered August 15, 2002, upon a decision in favor of fourth-party plaintiff.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously vacated without costs.

Same memorandum as in Sloniger v Niagara Mohawk Power Corp. (306 AD2d 842 [2003] [decided herewith]). Present— Green, J.P., Wisner, Scudder, Kehoe and Burns, JJ.