Town of Sardinia v. Gernatt Asphalt Products, Inc. , 735 N.Y.S.2d 454 ( 2001 )

Judgment and order unanimously affirmed without costs for reasons stated in decision at Supreme Court, Howe, J. (Appeals from Judgment and Order of Supreme Court, Erie County, Howe, J. — Summary Judgment.) Present — Hayes, J. P., Scudder, Bums, Gorski and Lawton, JJ.