Constable v. Matie ( 1993 )

Order reversed on the law without costs, motion granted and new trial granted. Same Memorandum as in Constable v Matie ([appeal No. 3] 199 AD2d 1004 [decided herewith]). All concur except Balio, J., who dissents in part in same Dissenting Memorandum as in Constable v Matie ([appeal No. 3] 199 AD2d 1004 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Flaherty, J.—Set Aside Verdict.) Present—Green, J. P., Balio, Fallon and Davis, JJ.